THE LIBRARY OF THE
UNIVERSITY OF
NORTH CAROLINA
THE COLLECTION OF
NORTH CAROLINIANA
C325.1
N87
1969
House
UNIVERSITY OF N.C. AT CHAPEL HILL
00034005353
FOR USE ONLY IN
THE NORTH CAROLINA COLLECTION
Digitized by the Internet Archive
in 2012 with funding from
Ensuring Democracy through Digital Access (NC-LSTA)
http://www.archive.org/details/journalofhouseof1969nort
JOURNAL
OF THE
House of Representatives
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF NORTH CAROLINA
SESSION 1969
PRINTED BY LITHOGRAPHY AND BOUND IN U.S.A.
BY LITHO INDUSTRIES, INC., RALEIGH, NORTH CAROLINA
-
A
OFFICERS AND MEMBERS
of the
House of Representatives
REGULAR SESSION 1969
Earl Wray Vaughn, Speaker Eden, Rockingham County
Mrs. Jo Ann Smith, Principal Clerk Raleigh, Wake County
Sam J. Burrow, Jr., Reading Clerk Asheboro, Randolph County
Archie T. Lane, Sergeant-at-Arms Hertford, Perquimans County
House
District
1st (2)
Camden
Chowan
Currituck
Gates
Pasquotank
Perquimans
2nd (2)
Beaufort
Dare
Hyde
Tyrrell
Washington
3rd (3)
Carteret
Craven
Pamlico
4th (3)
Onslow
Pender
REPRESENTATIVES
Name Post Office
W. T. Culpepper, Jr. (D) 1705 Parkview Dr.
Pasquotank County Elizabeth City 27909
Philip P. Godwin (D) Gatesville 27938
Gates County
Archie Burrus (D) Manteo 27954
Dare County
William R. Roberson, Jr. (D) 313 College Ave.
Beaufort County Washington 27889
Chris Barker (D) New Bern 28560
Craven County
Henry C. Boshamer (D) Vera Mar Harbor
Carteret County Morehead City 28557
R. C. Godwin (D) New Bern 28560
Craven County
J. F. Mohn (D) Richlands 28574
Onslow County
Reuben L. Moore (D) Atkinson 28421
Pender County
Hugh A. Ragsdale (D) Richlands 28574
Onslow County
HOUSE JOURNAL
[Session
REPRESENTATIVES— Continued
House
District
5th (2)
New Hanover
6th (2)
Bertie
Hertford
Northampton
7th (2)
Halifax
Martin
8th (2)
Pitt
9th (2)
Greene
Jones
Lenoir
10th (2)
Wayne
11th (1)
Duplin
12th (2)
Bladen
Sampson
13th (2)
Brunswick
Columbus
14th (3)
Edgecombe
Nash
Name Post Office
Howard A. Penton, Jr. (D) 1119 Country Club
New Hanover County Rd., Wilmington 28401
Edward C. Snead (D) 1239 Columbus Cir.
New Hanover County Wilmington 28401
Roberts H. Jernigan, Jr. (D) 401 N. Curtis St.
Hertford County Ahoskie 27910
Perry Martin (D) Rich Square 27869
Northampton County
J. A. Everett (D) Palmyra 27859
Martin County
Thorne Gregory (D) Scotland Neck
Halifax County 27874
David E. Reid, Jr. (D) Box 375
Pitt County Greenville 27834
H. Horton Rountree (D) Greenville 27834
Pitt County
Guy Elliott (D) 105 E. Vernon Ave.
Lenoir County Kinston 28501
Daniel T. (Dan) Lilley (D) 1805 Sedgefield
Lenoir County Dr., Kinston 28501
Mrs. John B. Chase (D) Eureka 27830
Wayne County
Thomas E. Strickland (D) Route 2
Wayne County Goldsboro 27530
Hugh S. Johnson, Jr. (D) Rose Hill 28458
Duplin County
James C. Green (D) Clarkton 28433
Bladen County
C. Graham Tart (D) 709 Cutchin St.
Sampson County Clinton 28328
R. C. Soles, Jr. (D) Tabor City 28463
Columbus County
Arthur W. Williamson ( D ) Chadbourn 28431
Columbus County
Allen C. Barbee (D) Spring Hope 27882
Nash County
Joe E. Eagles (D) Crisp Rural Station
Edgecombe County Macclesfield 27852
Julian B. Fenner (D) 1604 Waverly Dr.
Nash County Rocky Mount 27803
1969]
House
District
15th (3)
Johnston
Wlison
16th (2)
Franklin
Vance
Warren
17th (2)
Caswell
Granville
Person
18th (3)
Durham
19th (4)
Wake
20th (2)
Chatham
Orange
21st (2)
Alamance
22nd (2)
Harnett
Lee
HOUSE JOURNAL
REPRESENTATIVES— Continued
Name Post Office
William R. Britt (D) 408 Hancock St.
Johnston County Smithfield 27577
A. Hartwell Campbell (D) 1709 Wilshire Blvd.
Wilson County Wilson 27893
J. Ernest Paschall (D) 113 E. Nash St.
Wilson County Wilson 27893
John T. Church (D) 420 Woodland Rd.
Vance County Henderson 27897
James D. Speed (D) Route 3
Franklin County Louisburg 27549
James E. Ramsey (D) Roxboro 27573
Person County
William T. Watkins (D) 213 W. Thorndale
Granville County Oxford 27565
W. Hance Hofler (D) 1532 Hermitage Ct.
Durham County Durham 27707
Wade H. Penny, Jr. (D) 3937 Nottaway Rd.
Durham County Durham 27702
Kenneth C. Royall, Jr. (D) 64 Beverly Dr.
Durham County Durham 27702
Samuel H. Johnson (D) 4816 Morehead Dr.
Wake County Raleigh 27609
A. A. McMillan (D) 3309 Felton PI.
Wake County Raleigh 27609
H. W. (Pop) Taylor (D) 2820 Bedford Ave.
Wake County Raleigh 27607
Howard Twiggs (D) 525 Marlowe Rd.
Wake County Raleigh 27608
Ike F. Andrews (D) Siler City 27344
Chatham County
Donald M. Stanford (D) Whitehead Cir.
Orange County Chapel Hill 27514
Jack M. Euliss (D) Box 913
Alamance County Burlington 27216
W. S. (Sandy) Harris, Jr. (D) Rt. 1, Box 581
Alamance County Graham 27253
Jimmy L. Love (D) 713 Lawrence St.
Lee County Sanford 27330
James F. Penny, Jr. (D) Lillington 27546
Harnett County
HOUSE JOURNAL
REPRESENTATIVES— Continued
[Session
House
District
23rd (4)
Cumberland
Name
Post Office
24th (4)
Hoke
Scotland
Robeson
25th (2)
Rockingham
26th (6)
Guilford
27th (2)
Montgomery
Randolph
28th (1)
Moore
29th (1)
Richmond
Norwood E. Bryan, Jr. (D) Box 24
Cumberland County Fayetteville 28302
Lester G. Carter, Jr. (D) 2527 Huntington Rd.
Cumberland County Fayetteville 28303
Joe B. Raynor, Jr. (D) 5234 Raeford Rd.
Cumberland County Fayetteville 28304
Charles G. Rose, Jr. (D) 215 Hillside Ave.
Cumberland County Fayetteville 28301
R. L. Campbell (D) Box 6
Robeson County Rowland 28383
Neill L. McFadyen (D) Ill S. Highland
Hoke County Raeford 28376
R. D. McMillan, Jr. (D) Box 352
Robeson County Red Springs 28377
Gus Speros (D) 322 Shoeheel St.
Robeson County Maxton 28364
Earl W. Vaughn (D) Fieldcrest Rd.
Rockingham County Eden 27241
Jule McMichael (D) 1601 Country Club
Rockingham County Rd., Reidsville 27320
J. Howard Coble (R) Rt. 10, Box 168
Guilford County Greensboro 27406
Henry E. Frye (D) 1920 Drexmore Ave.
Guilford County Greensboro 27406
Robert Odell Payne (R) Rt. 2
Guilford County Gibsonville 28343
C. W. Phillips (D) 210 S. Tremont Dr.
Guilford County Greensboro 27407
John L. Ridenour, III (D) 605 Elmwood Dr.
Guilford County Greensboro 27408
W. Marcus Short (D) 2004 Kylemore Dr.
Guilford County Greensboro 27406
Colon Blake (R) Candor 27239
Montgomery County
C. Roby Garner, Sr. (R) 509 E. Salisbury
Randolph County St., Asheboro 27203
T. Clyde Auman (D) West End 27376
Moore County
John W. Covington, Jr. (D) 515 Fayetteville
Richmond County Rd., Rockingham
28379
1969]
House
District
30th (5)
Forsyth
31st (2)
Davidson
32nd (1)
Stanly
33rd (2)
Anson
Union
34th (2)
Rowan
35th (2)
Cabarrus
36th (7)
Mecklenburg
HOUSE JOURNAL
REPRESENTATIVES— Continued
Name
Post Office
Hamilton C. Horton, Jr. (R) Box 2836
Forsyth County Winston-Salem 27102
Howard A. Jemison (R) Rt. 8, Robinhood
Forsyth County Rd., Winston-Salem
27106
C. Dempsey McDaniel (R) Route 1
Forsyth County Kernersville 27284
Ed M. McKnight (R) Route 2
Forsyth County Keithgayle Dr.
Clemmons 27012
Marshall T. Wills (R) 4144 Robinhood Rd.
Forsyth County Winston-Salem 27106
Joe H. Hege, Jr. (R) 1526 Greensboro St.
Davidson County Lexington 27292
J. Eugene Snyder (R) 402 Park St.
Davidson County Lexington 27292
Clyde Hampton Whitley (R) 2310 Charlotte Rd.
Stanly County Albemarle 28001
Richard S. Clark (D) 702 Kintyre Dr.
Union County Monroe 28110
Fred M. Mills, Jr. (D) 607 Camden Rd.
Anson County Wadesboro 28170
Austin A. Mitchell (R) 1302 W. "A" St.
Rowan County Kannapolis 28081
Samuel A. Troxell (R) Rockwell 28138
Rowan County
James C. Johnson, Jr. (R) 602 Sedgefield
Cabarrus County St., Concord 28025
Dwight W. Quinn (D) Box 314
Cabarrus County Kannapolis 28081
Jack Baugh (D) 2018 Sharon Rd.
Mecklenburg County Charlotte 28207
Jim Beatty (D) 3716 Rhodes Ave.
Mecklenburg County Charlotte 28210
Hugh B. Campbell, Jr. (D) 1428 Scotland Ave.
Mecklenburg County Charlotte 28207
James H. Carson, Jr. (R) 419 Ellsworth Rd.
Mecklenburg County Charlotte 28211
Ernest L. Hicks (D) 500 Clement Ave.
Mecklenburg County Charlotte 28204
Arthur H. Jones (D) 6510 Sharon Hill
Mecklenburg County Rd., Charlotte 28210
James B. Vogler (D) 2011 Randolph Rd.
Mecklenburg County Charlotte 28205
House
District
37th (3)
Alleghany
Ashe
Stokes
Surry
38th (2)
Wilkes
Yadkin
39th (2)
Davie
Iredell
40th (2)
Catawba
41st (4)
Gaston
Lincoln
42nd (3)
Alexander
Burke
Caldwell
43rd (3)
Cleveland
Polk
Rutherford
44th (1)
Avery
Mitchell
Watauga
HOUSE JOURNAL [Session
REPRESENTATIVES— Continued
Name Post Office
Basil D. Barr (D) West Jefferson
Ashe County 28694
P. C. Collins, Jr. (D) Laurel Springs
Alleghany County 28675
J. Worth Gentry (D) King 27021
Stokes County
Claude Billings (R) Route 1
Wilkes County Traphill 28685
Jeter L. Haynes (R) 112 Williams St.
Yadkin County Jonesville 28642
Gilbert Lee Boger (R) Route 3
Davie County Mocksville 27028
Homer B. Tolbert (R) Route 2
Iredell County Cleveland 27013
Robert Q. Beard (R) Route 3, Box 416
Catawba County Newton 28658
Hunter Warlick (R) 227 31st Ave., N.W.
Catawba County Hickory 28601
David W. Bumgardner, Jr. (D). . . .209 Peach tree St.
Gaston County Belmont 28012
C. E. Leatherman (D) 307 N. Roberta Ave.
Lincoln County Lincolnton 28092
Jack L. Rhyne (D) 114 Lee St.
Gaston County Belmont 28012
Carl J. Stewart, Jr. (D) 1855 Westbrook
Gaston County Cir., Gastonia 28052
Teral Thomas Bostian (R) Route 1, Box 829
Alexander County Taylorsville 28681
William M. Fulton (R) 207 Myrtle St.
Burke County Morganton 28655
Donald R. Kincaid (R) Morganton Rd.
Caldwell County Lenoir 28645
Robert Z. Falls (D) 1308 Wesson Rd.
Cleveland County Shelby 28150
R. A. (Bob) Jones (D) 122 Woodland Ave.
Rutherford County Forest City 28043
W. K. Mauney, Jr. (D) Box 628
Cleveland County Kings Mountain 28006
James E. Holshouser, Jr. (R) Westbrook Ext.
Watauga County Boone 28607
1969]
House
District
45th (4)
Buncombe
McDowell
46th (1)
Henderson
47th (2)
Haywood
Madison
48th (1)
Jackson
Swain
Transylvania
49th (1)
Cherokee
Clay
Graham
Macon
HOUSE JOURNAL
REPRESENTATIVES— Continued
Name
Post Office
Hugh Beam (D) 204 Cresent Dr.
McDowell County Marion 28752
Claude DeBruhl (D) Route 1, Box 480
Buncombe County Candler 28715
Herschel S. Harkins (D) Box 7266
Buncombe County Asheville 28807
John S. Stevens (D) 8 Pinetree Rd.
Buncombe County Asheville 28804
J. T. Mayfield (R) Route 1, Box 26
Henderson County Flat Rock 28731
Ernest B. Messer (D) 15 Forest View
Haywood County Cir., Canton 28716
Liston B. Ramsey (D) Marshall 28753
Madison County
Charles H. Taylor (R) Box 66
Transylvania County Brevard 28712
W. P. (Bill) Bradley
Clay County
(R) Hayesville 28904
HOUSE JOURNAL
SESSION 1969
FIRST DAY
House of Representatives
Wednesday, January 15, 1969
Be it remembered that Chapter 1181 of the Session Laws of 1967, authorized
by the Constitution of the State of North Carolina, fixes the date for the meeting
of the General Assembly of North Carolina as being on the first Wednesday
after the second Monday in January next after their election in the General
Election of 1968, the date of this meeting being January 15, 1969.
This day, in compliance with the provisions of law under the Constitution,
the members-elect of the House of Representatives assemble in their chambers
in the State Legislative Building in the City of Raleigh and at twelve o'clock
noon, in accordance with the statutes, are called to order by the Honorable
Thad Eure, Secretary of State.
Prayer is offered by the Reverend J. Sylvester Higgins, Pastor of the First
United Methodist Church, Eden, North Carolina.
The roll is called and the following members-elect answer to their names,
appear with proper certificates of election, take and subscribe to the following
oath of office, which is administered by Associate Justice William H. Bobbitt
of the Supreme Court of North Carolina.
OATH FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES SESSION 1969
"I solemnly swear that I will support the Constitution of the United States;
and I do solemnly and sincerely swear that I will be faithful and bear true
allegiance to the State of North Carolina, and to the constitutional powers
and authorities which are or may be established for the government thereof;
and that I will endeavor to support, maintain, and defend the Constitution of
said State, not inconsistent with the Constitution of the United States, to the
best of my knowledge and ability; and I further solemnly swear that I will
faithfully discharge my duties as a member of the House of Representatives of
the State of North Carolina according to the best of my skill and ability and
according to law, so help me, God."
12 HOUSE JOURNAL [Session
Oath administered January 15, 1969.
Sworn to and subscribed before me this 15th day of January, 1969.
S/ William H. Bobbitt
Associate Justice of the Supreme Court of North Carolina.
District
Name
1st
W. T. Culpepper, Jr.
Philip P. Godwin
2nd
Archie Burrus
William R. Roberson, Jr.
3rd
Chris Barker
Henry C. Boshamer
R. C. Godwin
4th
J. F. Mohn
Reuben L. Moore
Hugh A. Ragsdale
5th
Howard A. Penton, Jr.
Edward C. Snead
6th
Roberts H. Jernigan, Jr.
Perry Martin
7th
J. A. Everett
Thorne Gregory
8th
David E. Reid, Jr.
H. Horton Rountree
9th
Daniel T. (Dan) Lilley
10th
Mrs. John B. Chase
Thomas E. Strickland
11th
Hugh S. Johnson, Jr.
12th
James C. Green
C. Graham Tart
13th
R. C. Soles, Jr.
Arthur W. Williamson
14th
Allen C. Barbee
Julian B. Fenner
15th
William R. Britt
A. Hartwell Campbell
J. Ernest Paschall
16th
John T. Church
James D. Speed
1969] HOUSE JOURNAL 13
District Name
17th James E. Ramsey
William T. Watkins
18th W. Hance Hofler
Wade H. Penny, Jr.
Kenneth C. Royall, Jr.
19th Samuel H. Johnson
A. A. McMillan
H. W. (Pop) Taylor
Howard Twiggs
20th Ike F. Andrews
Donald M. Stanford
21st Jack M. Euliss
W. S. (Sandy) Harris, Jr.
22nd Jimmy L. Love
James F. Penny, Jr.
23rd Norwood E. Bryan, Jr.
Lester G. Carter, Jr.
Joe B. Raynor, Jr.
Charles G. Rose, Jr.
24th R. L. Campbell
Neill L. McFadyen
R. D. McMillan, Jr.
Gus Speros
25th Earl W. Vaughn
Jule McMichael
26th J. Howard Coble
Henry E. Frye
Robert Odell Payne
C. W. Phillips
John L. Ridenour, III
W. Marcus Short
27th
Colon Blake
C. Roby Garner, Sr.
28th
T. Clyde Auman
29th
John W. Covington, Jr.
30th
Hamilton C. Horton, Jr.
Howard A. Jemison
C. Dempsey McDaniel
Ed M. McKnight
Marshall T. Wills
31st
Joe H. Hege, Jr.
J. Eugene Snyder
14
HOUSE JOURNAL
[Session
District
Name
32nd
Clyde Hampton Whitley
33rd
Richard S. Clark
Fred M. Mills, Jr.
34th
Austin A. Mitchell
Samuel A. Troxell
35th
James C. Johnson, Jr.
Dwight W. Quinn
36th
Jack Baugh
Jim Beatty
Hugh B. Campbell, Jr.
James H. Carson, Jr.
Ernest L. Hicks
Arthur H. Jones
James B. Vogler
37th
Basil D. Barr
P. C. Collins, Jr.
J. Worth Gentry
38th
Claude Billings
Jeter L. Haynes
39th
Gilbert Lee Boger
Homer B. Tolbert
40th
Robert Q. Beard
Hunter Warlick
41st
David W. Bumgardner, Jr.
C. E. Leatherman
Jack L. Rhyne
Carl J. Stewart, Jr.
42nd Teral Thomas Bostian
William M. Fulton
Donald R. Kincaid
43rd Robert Z. Falls
R. A. (Bob) Jones
W. K. Mauney, Jr.
44th James E. Holshouser, Jr.
45th Hugh Beam
Claude DeBruhl
Herschel S. Harkins
John S. Stevens
46th J. T. Mayfield
47th Ernest B. Messer
Liston B. Ramsey
48th Charles H. Taylor
49th W. P. (Bill) Bradley
1969] HOUSE JOURNAL 15
In the absence of Representative Joe Eagles of the 14th District, the following
oath of office administered by the Honorable Thad Eure, Secretary of State,
is presented and on motion of Representative Barbee is included in today's
journal. Representative Eagles is seated.
OATH OF MEMBER OF THE HOUSE OF REPRESENTATIVES
"I, Joe E. Eagles, do solemnly swear that I will support the Constitution and
Laws of the United States; and I solemnly and sincerely swear that I will be
faithful and bear true allegiance to the State of North Carolina, and to the
constitutional powers and authorities which are or may be established for the
government thereof; and that I will endeavor to support, maintain, and defend
the Constitution of said State, not inconsistent with the Constitution of the
United States, to the best of my knowledge and ability; and I do further solemn-
ly swear that I will faithfully discharge my duties as a member of the House of
Representatives of the State of North Carolina according to the best of my
skill and ability and according to law, so help me, God."
S/ Joe E. Eagles
Sworn to and subscribed before me this 15th day of January, 1969.
S/ Thad Eure
Secretary of State
One hundred eighteen members having answered the roll call, the Secretary
of State declares a quorum is present.
The Secretary of State announces that the first order of business is the election
of a Speaker, and declares the nominations are in order:
ELECTION OF OFFICERS
Representative Johnson of Wake places in nomination the name of Repre-
sentative Earl W. Vaughn for Speaker of the 1969 House of Representatives.
"Mr. Chairman, honored guests, fellow members of the House of Repre-
sentatives:
Today, January 15, 1969, is the beginning of a chapter in the history of North
Carolina.
Today, by virtue of the power granted by the Constitution of North Carolina,
the members of the House of Representatives are assembled in chambers and
have taken their oath of office to begin the labor and to assume the responsibility
imposed in this body by the people of our State.
A few minutes ago each of you said: 'I do solemnly and sincerely swear
that I will faithfully, truly, and honestly perform my duties as a member of
the House of Representatives of the North Carolina General Assembly to
the best of my knowledge and ability. . . .'
The first order of business is the election of a Speaker and it is my particular
pleasure and privilege to place in nomination in behalf of the Democratic caucas
our good friend and colleague from Rockingham County.
16 HOUSE JOURNAL [Session
It is fitting and appropriate that the record show his outstanding qualifications
for this high office. After all, the General Assembly of North Carolina is a most
powerful body, and it alone makes the laws for our State.
And it is fitting and proper that we assume this responsibility with a solemn
oath to bear true allegiance to the citizens of this State without regard to wealth,
population, geography, national origin, color or creed but that we act with good
judgment, goodwill and understanding in behalf of all our citizens.
The least of us and the greatest of us have an equal obligation; the Democrats
and the Republicans must work side by side; the freshman member and the
veteran legislator must share an equal concern for the welfare of our State.
Earl W. Vaughn of Rockingham County can and will lead us to great heights
of legislative achievement in 1969.
His heritage is deep in the history of North Carolina.
Earl Vaughn was born and reared on a family farm in Rockingham County,
the son of the late John H. and Lelia F. Vaughn.
The sun was shining bright on June 17, 1928, just over 40 years ago, as our
next Speaker began the long road which brings him to the pinnacle of his many
achievements.
After completing high school, he enrolled at Pfeiffer Junior College, and then
fulfilled his military service for two years in the Pacific area.
In 1947 he enrolled at the University of North Carolina, receiving his A. B.
degree in 1950 and his law degree in 1952.
Several of us today remember the happy days at Chapel Hill.
Life began to blossom during those years at the University, where he met a
young lady who was attending the University, and who lived a short distance
from Chapel Hill.
I had the happy privilege of seeing the romance blossom, and to share with
Earl and Eloise the youthful adventure and excitement of the college scene.
I remember the wedding day on December 20, 1952, when Earl and Eloise
were married in the little church north of Chapel Hill.
Before very long this young attorney and his bride moved to Draper, now
known as Eden, in Rockingham County, where Earl began a successful career
in law, and fulfilled abundantly the needs of community service.
Listen to some of his achievements:
He is a member of the Rockingham County Bar Association, the Phi Delta
Phi Legal Fraternity, the North Carolina State Bar and the North Carolina
Bar Association.
He is a member and past President of the Draper Rotary Club.
He is a member and past President of the Tri-City Rescue Squad.
He is a former solicitor of the Leaksville Recorder's Court.
1969] HOUSE JOURNAL 17
He has been Town Attorney for Draper from 1955 until 1968, and was a
moving force in the consolidation of Leaksville, Spray and Draper into the new
City of Eden.
He is a member and past President of the Rockingham County Young
Democratic Club.
He is a former member of the Rockingham County Democratic Executive
Committee.
He is a Methodist, has been a member of the Board of Trustees of his Church
since 1955, and has served as Chairman of the Official Board of the Methodist
Church in Draper.
May I pause a moment, to depart from civic, professional or political achieve-
ments to recognize his most outstanding achievement — -his family.
They have contributed so much, and have given him the inspiration and
fortitude that is needed as he faces the problems of State.
In 1960 there was a lively campaign in Rockingham County in the Demo-
cratic Primary for a seat in the House of Representatives, and Earl Vaughn was
the victor. Since that time he has served continuously, in the special sessions,
and in the regular sessions of 1961, 1963, 1965 and 1967.
I know that he received overwhelming support in his campaign for re-election
to this session, and that he scored more votes than has been recorded for a candi-
date in the history of Rockingham County.
I shall now dwell briefly upon his legislative service, because this is the basis
upon which we primarily judge our choice for Speaker.
In 1965 he was Chairman of the Utilities Committee, and that was a land-
mark year toward resolving the big question of public and private power in
North Carolina. As Committee Chairman Earl Vaughn helped hammer out
and present this successful program.
In 1967 he was Chairman of the Committee on Courts and Judicial Districts,
which was responsible for implementing Constitutional reforms in the establish-
ment of the Court of Appeals, and in the further implementation of changes in
the trial division.
There are literally dozens of legislative matters that he has handled during
his tenure.
Anyone of you who has served with him could testify to his accomplishments
in the legislative chambers.
What you do not know, perhaps, is the fact that he has labored diligently
since the last session in thinking about changes that are needed, and in attending
to legislative business as a member of the Legislative Research Commission,
or serving as our representative on national boards.
Since 1963 he has been a member of the Board of Managers of the Council
of State Government, working with other legislative leaders across the country
to strengthen state government, and to bring about greater co-operation between
the states.
18 HOUSE JOURNAL [Session
He has been particularly effective in the Southern Region of this Council,
consisting of 16 states, and has been honored as the first chairman from North
Carolina of the Southern Region, in the history of that organization.
In 1968 he was elected to the Executive Committee of the Conference of
National Legislative Leaders.
He has been nominated recently for one of the three seats that are open to
House Speakers on the President's Commission on Governmental Co-operation.
In the closing hours of the 1967 Session, Earl Vaughn received the distinction
of being named successor to the Honorable David M. Britt, and since that day
he has served as your Speaker, in handling the numerous duties of this office.
At a personal sacrifice to his business, he has made numerous trips to Raleigh,
and worked long hours in attending to these duties.
I have seen this firsthand, and have seen him work late into the night.
We have the assurance that comes only from a record of service that Earl
Vaughn will lead us in the days ahead with the confidence and the ability that
comes from a man who believes in the future of our State, and has a deep trust
in Divine Providence and who will be your most diligent leader.
From the banks of the Dan River in Rockingham County to the splendor and
grace of this legislative hall comes our next Speaker.
Mr. Chairman, honored guests, fellow members of the House of Repre-
sentatives, I humbly nominate the best qualified man available for Speaker of
the 1969 House of Representatives, the Honorable Earl W. Vaughn, of Rocking-
ham County."
S/ Samuel H. Johnson
Representative from
Wake County
The nomination is seconded by Representatives Godwin of Gates, Barbee
and Taylor of Transylvania:
"Mr. Secretary of State and members of the 1969 House of Representatives:
It is a distinct honor for me to come before you to second the monination of
the Honorable Earl Vaughn of Rockingham County for the 1969 Speaker of
the House of Representatives. Earl and I served as freshmen in the 1961
Session and have served together in each session and special session since that
date; therefore, I have had the opportunity to observe him working in the
legislature, not only for the county and district which he represented, but for
the progress and growth of our great State. I have had the pleasure of serving
on committees of which he was the chairman and have seen firsthand his ability
to express fairness in his decisions and character in his conduct. Many of you
will recall the difficult task which he faced when he was Chairman of the Com-
mittee on Utilities in 1965 and the forthright manner in which he conducted
„the business before that committee. You will also recall that in 1967, as Chair-
man of the Committee on Courts and Judicial Districts, he brought before this
House a most difficult and complex package of legislation dealing with our
court structure and handled this matter on the floor of the House in a manner
1969] HOUSE JOURNAL 19
in which he gained the confidence of those lay members who did not understand
the technical ramifications of the bill. It is through his ability to gain the con-
fidence of his fellow members through his honesty and fairness of mind that
has brought him before us today and has placed him in nomination for the
high honor that is bestowed upon the Speaker of the House of Representatives.
He possesses all of the qualifications needed to fulfill the honor that this House
is about to bestow upon him. From the time of his graduation from the
University of North Carolina Law School in 1952, he has been a leader in his
native county of Rockingham. He has taken a great interest in the develop-
ment and growth of his county. He has devoted his time to his profession and
to the civic organizations of which he is a member. He is admired with great
esteem by fellow members of his profession. He has developed over the years
a keen sense of responsibility to his political party, keeping in mind its re-
sponsibility to good and responsible government in the State of North Carolina.
Earl Vaughn has taken advantage of all of the opportunities to equip him-
self with the knowledge and background that we should demand of our leader
and Speaker. I can assure you that he will always be willing to listen and that
he will never use the authority bestowed upon him to the detriment of any
member of this House.
It is my personal opinion that one of Earl's greatest and finest assets is his
gracious wife, Eloise Maddrey Vaughn, and their four fine children. I know
that their hearts must be touched with pride for this day in the life of their
husband and father."
S/ Philip P. Godwin
"Mr. Chairman, Justices, honored guests, Mrs. Vaughn and members of
the House:
There were over 40 new members of the 1961 Representatives including Earl
Vaughn, Phil Godwin, Thorne Gregory, and myself, and when the session got
started the old-timers, such as Jim Vogler, Ernest Hicks, and Dwight Quinn,
began to refer to us as the Class of 1961.
It was easy to see at that time that Earl Vaughn would emerge as one of
that group who would make a name for himself if he continued to represent
his county and his district in the House of Representatives.
Today — five sessions later — I can count less than a half dozen of the old-
timers who greeted us in 1961 who are still around. Of the ones who they refer
to as the Class of 1961, there are less than a dozen still here. I am glad that
Earl Vaughn is still around and glad to be here myself to second his nomination
for Speaker of the House.
His accomplishments during past sessions have already been enumerated and
there is no need to go into further detail. Suffice it to say that Earl Vaughn
has been instrumental in getting some of the most important legislation passed
that has been introduced during those years I am talking about.
I think it is evident to those who have had a chance to look around as we
prepare for the 1969 Session to see that preparations have been made for a
busy and fruitful session which show that our next Speaker has been busy.
It has been predicted that this will be the toughest and hardest session since
20 HOUSE JOURNAL [Session
depression days, and I think I can safely say that the House work in this session
will be well taken care of under the guidance of Earl Vaughn.
I am glad that we have a man like Earl Vaughn to lead us, and am proud and
happy to second his nomination of Speaker for the 1969 House."
S/ Allen C. Barbbe
"I rise as leader of the Republican House delegation and on behalf of the
Republican House delegation to second the nomination of Representative Earl
Vaughn as Speaker of the House of Representatives. The problems coming
before the General Assembly in the coming months will demand a maximum
effort of work and cooperation.
The Republican delegation intends to put before this body, as we have in the
past, progressive programs to cope with the State's problems and needs — we
expect and believe we will receive the support of this body in the passage of
much of that legislation.
Ladies and gentlemen of the House, it is because of our trust in the qualifi-
cations of Representative Earl Vaughn; because of our trust in the justice and
fair attitude of Representative Earl Vaughn; and because of our desire to work
in a climate of cooperation that I, as leader of the Republican House delegation,
second the nomination of Representative Earl Vaughn as Speaker of the 1969
House of Representatives."
S/ Charles Taylor
The Chair, having declared the nominations closed, requests that the roll
of the House be called and the following members vote for Representative
Vaughn:
Representatives Andrews, Auman, Barbee, Barker, Barr, Baugh, Beam,
Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt,
Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son and Wills — 117.
Mr. Vaughn having received all the votes is declared Speaker.
The Speaker, escorted to the Chair by Representatives Beatty, Bryan,
Ragsdale, Ramsey of Madison and Royall, takes and subscribed to the following
oath of office administered by Associate Justice Susie Sharp of the Supreme
Court of North Carolina.
1969] HOUSE JOURNAL 21
"I, Earl W. Vaughn, do solemnly swear that I will support the Constitution
of the United States, and I do solemnly and sincerely swear that I will be faith-
ful and bear true allegiance to the State of North Carolina and to the con-
stitutional powers and authorities which are or may be established for the
government thereof; and that I will endeavor to support, maintain, and defend
the Constitution of said State not inconsistent with the Constitution of the
United States, to the best of my knowledge and ability; and I do solemnly and
sincerely swear that I will well and truly and faithfully execute and discharge
the duties of the Office of Speaker of the House of Representatives of the North
Carolina General Assembly according to the best of my skill and ability, ac-
cording to law; so help me, God."
S/ Earl W. Vaughn
Oath administered January 15, 1969.
Sworn to and subscribed before me this 15th day of January, 1969.
S/ Susie Sharp
Associate Justice of the Supreme Court of North Carolina
Mr. Speaker Vaughn approaches the dais and makes the following remarks:
"Thank you so very much, my good friends and colleagues.
The warmth of your welcome increases my determination to, at all times,
conduct myself in this high office in a manner that will bring credit to the office
and to the House of Representatives.
You, along with me, assume office in a critical time.
The Federal-State System is on trial. State Government is on trial, and the
Legislative Branch of State Government is on trial.
In fact, just a few years ago there were many who seriously contended that
State Government was no longer capable of meeting the complex problems of
the day; that it was outmoded and had no place in the future.
Fortunately, concerted effort has recently been made to reverse this trend
and give new life to State Government.
The upgrading of the Legislative Branch of State Government is absolutely
imperative if State Government is to survive and remain a viable force of
government, capable of dealing with the complexities of the modern society.
If we do not modernize our procedure so that we can solve North Carolina's
problems in North Carolina, then the erosion by the federal process will become
an avalanche.
The challenge to us is clear. It is to develop a Legislature capable of acting
on problems rather than belatedly reacting under pressure of other units of
government.
I believe, along with Jefferson, 'that laws and institutions must go hand in
hand with the progress of the human mind.' I believe that we can maintain
our proper respect for tradition and custom, and, at the same time, advance
our institutions to keep pace with the times.
22 HOUSE JOURNAL [Session
To this end I hope that this Legislature will develop tools and procedures
that are as modern as this relatively new Legislative building.
We've tried to make a start on this development for you. For instance:
(1) The Legislative Branch of government in this great State of over five
million people with a projected budget of over three billion dollars now has its
first fulltime employee. His primary responsibility will be to help the General
Assembly develop its own research capability.
(2) In addition, for the first time, professional bill drafting assistance is
available to you in this building.
(3) We have also arranged for professional staff assistance for the local
government committee. This staff assistance will be available to any of you
when you need help with your local bills or bills involving local government,
generally.
(4) The Legislative Intern Program which was started a few years ago with
foundation funds will, this session, be funded by and responsible to the General
Assembly.
(5) A Computer Operation has been instigated. Hopefully, its application
to the Legislative process will continue to develop over the years.
(6) In an effort to give you more time for your very important responsibili-
ties as a lawmaker, we have tried to improve the services available to you in
a number of other areas which I will not detail at this time.
With your permission we will reduce the size and number of committees.
With your permission we will make fundamental changes in the operation of
the Appropriations Committee. More of you will be involved in the budget-
making process. You will be able to give the budget much more careful scrutiny
than has been possible in the past. I hope you will be able to question and to
probe, and, thereby, effect savings and efficiencies. The plan we have recom-
mended might not be the very best one that could be devised. I'm sure it
isn't. If, however, I have understood you correctly, most of you are no longer
willing to tolerate the old system. I'm sure that there will be problems with
our new plans for the Appropriations Committee. Any time you involve more
people and allow them to openly express their views, you invite dissent and make
a common judgment more difficult to attain. I submit, however, that here
lies the bedrock of democracy. This is what a government of free people is all
about.
At this point let me say this to you. If, at any time, any of you have sug-
gestions about the matters I have related, they will be welcomed. If, at any
time, it is your collective judgment that they should be changed, they will be
changed.
Now there are two components which will be absolutely necessary for a
successful session. We are unable to provide these for you. I hope you brought
them from home. They are: (1) courage and (2) a willingness to work.
This is going to be a difficult session. The better job we do, the more difficult
the session. If we simply ratify or reject the requests of the multitude of agencies
and special interests, we can have an easy time of it. Things will run smoothly.
1969] HOUSE JOURNAL 23
We can have a cross of gold speech every Monday night and, after several
months of mutual admiration, top it all off with the traditional love feast and
then go home.
On the other hand: if we innovate, if we probe, if we seek out and consider
alternatives, and, if we make the legislative Branch of government a positive
and creative force in State Government our task will be much harder.
I suggest that the latter course is the one that people of North Carolina have
the right to expect us to follow. We are going to have to make decisions that
for the present day appear to be very unpopular, but which, in the long run,
will prove to have been absolutely necessary to the continuing progress of our
beloved State.
If we are to do what must be done, we cannot subscribe to the credo of
Boston's notorious Mayor Curley, who used to love to say, 'There go my people,
I must follow them because I am their leader.'.
Again, let me thank you for your confidence. I pledge you my very best."
Mr. Speaker Vaughn assumes the duties of the Chair and announces that
nominations are in order for Principal Clerk of the House of Representatives.
Representative Penny of Durham places the name of Mrs. Jo Ann Smith
of Wake County in nomination for Principal Clerk, seconded by Representative
Twiggs.
The roll of the House is called and the following members vote for Mrs.
Smith:
Representatives Andrews, Auman, Barbee, Barker, Barr, Baugh, Beam,
Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt,
Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son and Wills — 117.
Mrs. Smith having received all the votes cast is declared duly elected Princi-
pal Clerk of the House of Representatives.
On the motion of Representative Twiggs, in the absence of Mrs. Smith, the
following oath of office administered by the Honorable Thad Eure, Secretary
of State, is presented and included in today's journal.
"I, Jo Ann Smith, do solemnly swear that I will support the Constitution of
24 HOUSE JOURNAL [Session
the United States, and I do solemnly and sincerely swear that I will be faithful
and bear true allegiance to the State of North Carolina and to the constitutional
powers and authorities which are or may be established for the government
thereof; and that I will endeavor to support, maintain, and defend the Con-
stitution of said State not inconsistent with the Constitution of the United
States, to the best of my knowledge and ability; and I do solemnly and sincerely
swear that I will well and truly and faithfully execute and discharge the duties
of the Office of Principal Clerk of the House of Representatives of the North
Carolina General Assembly according to the best of my skill and ability, ac-
cording to law; so help me, God."
S/ Jo Ann Smith
Principal Clerk
Sworn to and subscribed before me this 15th day of January, 1969.
S/ Thad Eure
Secretary of State
Mr. Speaker Vaughn announces that nominations are in order for Reading
Clerk of the House of Representatives.
Representative Short places the name of Sam J. Burrow, Jr., in nomination
for Reading Clerk, which is seconded by Representative Raynor and Repre-
sentative Garner.
The roll is called and the following members vote for Mr. Burrow:
Representatives Andrews, Auman, Barbee, Barker, Barr, Baugh, Beam,
Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt,
Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son and Wills — 117.
Mr. Burrow having received all of the votes cast is declared duly elected
reading Clerk of the House of Representatives.
Associate Justice Higgins of the Supreme Court of North Carolina administers
the following oath of office to the Reading Clerk:
"I, Sam J. Burrow, Jr., do solemnly swear that I will support the Constitution
of the United States, and I do solemnly and sincerely swear that I will be faith-
ful and bear true allegiance to the State of North Carolina and to the con-
stitutional powers and authorities which are or may be established for the
1969] HOUSE JOURNAL 25
government thereof; and that I will endeavor to support, maintain, and defend
the Constitution of said State not inconsistent with the Constitution of the
United States, to the best of my knowledge and ability; and I do solemnly and
sincerely swear that I will well and truly and faithfully execute and discharge
the duties of the office of Reading Clerk of the House of Representatives of the
North Carolina General Assembly according to the best of my skill and ability,
according to law; so help me, God."
S/ Sam J. Burrow, Jr.
Reading Clerk
Oath administered January 15, 1969.
Sworn to and subscribed before me this 15th day of January, 1969.
S/ Carlisle W. Higgins
Associate Justice of the Supreme Court of North Carolina
Mr. Speaker Vaughn announces that nominations are in order for Sergeant-
at-Arms of the House of Representatives.
Representative Jones of Mecklenburg places the name of Archie T. Lane in
nomination for Sergeant-at-Arms, which is seconded by Representative Johnson
of Duplin.
The roll is called and the following members vote for Mr. Lane:
Representatives Andrews, Auman, Barbee, Barker, Barr, Baugh, Beam,
Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt,
Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son and Wills — 117.
Mr. Lane having received all of the votes cast is declared duly elected Ser-
geant-at-Arms of the House of Representatives.
Associate Justice Joseph Branch of the Supreme Court of North Carolina
administers the following oath of office to the Sergeant-at-Arms:
"I, Archie T. Lane, do solemnly swear that I will support the Constitution
of the United States, and I do solemnly and sincerely swear that I will be faith-
ful and bear true allegiance to the State of North Carolina and to the consti-
tutional powers and authorities which are or may be established for the govern-
ment thereof; and that I will endeavor to support, maintain, and defend the
Constitution of said State not inconsistent with the Constitution of the United
26 HOUSE JOURNAL [Session
States, to the best of my knowledge and ability; and I do solemnly and sin-
cerely swear that I will well and truly and faithfully execute and discharge the
duties of the Office of Sergeant-at-Arms of the House of Representatives of the
North Carolina General Assembly according to the best of my skill and ability,
according to law; so help me, God."
S/ Archie T. Lane
Sergeant-at-A rms
Oath administered January 15, 1969.
Sworn to and subscribed before me this 15th day of January, 1969.
S/ Joseph Branch
Associate Justice of the Supreme Court of North Carolina
On motion of Representative Johnson of Duplin, seconded by Representative
Barbee, the rules of the House of Representatives for 1969 are temporarily
adopted.
Mr. Speaker Vaughn announces the appointment of the Reverend Collins
Kilburn as Chaplain.
A leave of absence is granted Representative Martin for Thursday and Friday
due to the death of his sister, Mrs. J. C. Davis.
A leave of absence is granted Representative Eagles for an indefinite time
due to illness.
A leave of absence is granted Representative Elliott for an indefinite time due
to illness.
On motion of Representative Johnson of Wake the courtesies of the floor are
extended Mrs. Eloise Maddrey Vaughn, wife of Speaker Vaughn, and their
four children, Mark, John, Stuart and Rose Vaughn.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Johnson of Duplin:
H. R. 1, a resolution to allocate funds for certain telephone and postage re-
quirements for members of the House of Representatives.
On motion of Representative Johnson of Duplin the resolution is adopted.
"A RESOLUTION TO ALLOCATE FUNDS FOR CERTAIN TELEPHONE
AND POSTAGE REQUIREMENTS FOR MEMBERS OF THE HOUSE
OF REPRESENTATIVES.
Be it resolved by the House of Representatives of the North Carolina General
Assembly:
Section 1. That certain telephone services be provided to each member of
the House of Representatives for the 1969 Session of the General Assembly in
accordance with the following schedule, which schedule is based upon the
distance of the respective districts from the State Capitol:
1969] HOUSE JOURNAL 27
MAXIMUM ALLOCATION
$180.00
200.00
180.00
180.00
180.00
160.00
140.00
140.00
140.00
140.00
140.00
140.00
180.00
120.00
100.00
120.00
120.00
100.00
100.00
100.00
120.00
100.00
140.00
140.00
140.00
140.00
140.00
140.00
140.00
140.00
140.00
160.00
180.00
180.00
180.00
180.00
180.00
180.00
180.00
180.00
180.00
220.00
220.00
220.00
260.00
260.00
260.00
300.00
320.00
DISTRICT
ZONI
1
3
2
sy 2
3
3
4
3
5
3
6
2V 2
7
2
8
2
9
2
10
2
11
2
12
2
13
3
14
1^
15
1
16
1H
17
m
18
i
19
i
20
i
21
ik
22
i
23
2
24
2
25
2
26
2
27
2
28
2
29
2
30
2
31
2
32
2K
33
3
34
3
35
3
36
3
37
3
38
3
39
3
40
3
41
3
42
4
43
4
44
4
45
5
46
5
47
5
48
6
49
6H
28 HOUSE JOURNAL [Session
Sec. 2. That payment by a member for telephone services in excess of the
above allocation shall be effected by an adjustment of his terminal expense
allowance.
Sec. 3. That in addition to the above, the Rules Committee shall be au-
thorized to allocate in its decretion to the several Committee Chairmen, tele-
phone service and postage in the total amount not to exceed Two Thousand,
Five Hundred Dollars ($2,500.00) for ail Chairmen.
Sec. 4. That the Disbursing Clerk shall purchase and furnish to each member
of the House of Representatives, postage as needed during the Session, not to
exceed the amount of One Hundred Twenty Dollars ($120.00) per member
during the 1969 General Assembly, and shall maintain records of the amount
of postage furnished to each member.
Sec. 5. That this Resolution shall be in full force and effect from and after
its adoption."
By Representative Chase:
H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr., for her out-
standing service as executive director of the North Carolina Mental Health
Association.
On motion of Representative Chase the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Royall, Church, Harkins, Vogler, Fenner, Phillips, Frye,
Ridenour, Stevens, Ragsdale, Hofler, Rountree, Raynor, Rose, Carter, Collins,
Harris, Jones of Rutherford and Falls:
H. B. 3, a bill to be entitled an act to establish a system of Youth Councils
that will provide the youth of North Carolina an opportunity to develop leader-
ship skills and become responsible citizens.
Referred to Committee on State Government.
By Representatives Raynor, Chase, Quinn, Tart, Church, Carter, William-
son, Rose, Bryan, Royall, Harkins, Green and Jones of Mecklenburg:
H. B. 4, a bill to be entitled an act to grant every individual who maintains
a household an income tax exemption of $2,000.
Referred to Committee on Finance.
By Representative Boger:
H. B. 5, a bill to be entitled an act to amend General Statutes 20-16.2, General
Statutes 20-139.1, and General Statutes 20-179 pertaining to operating a motor
vehicle while under the influence of intoxicating liquor — implied consent for
chemical test.
1969] HOUSE JOURNAL 29
Referred to Committee on Highway Safety.
By Representatives Fulton, Bostian, and Kincaid:
H. B. 6, a bill to be entitled an act to amend Article 36 of Chapter 160 of the
General Statutes so as to exempt Burke County from parts.
Referred to Committee on Local Government.
And,
H. B. 7, a resolution to change Ad Valorem Tax Date.
Referred to Committee on Finance.
And,
H. B. 8, a bill to be entitled an act so to amend Section 7 of Chapter 413 of
1963 Session Laws so to increase the share of net profits allocable to finding
alcoholism causes and cures and to broaden scope of activities authorized there-
for and for other purposes.
Referred to Committee on Alcoholic Beverage Control.
By Representative Ramsey of Madison:
H. B. 9, a bill to be entitled an act to amend General Statutes 163-46 so as to
increase the compensation for precinct registrars and judges.
Referred to Committee on Election Laws.
By Representative Strickland:
H. B. 10, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for president and vice
president of the United States.
Referred to Committee on Election Laws.
special message from the senate
Senate Chamber
January 15, 1969
Mr. Speaker:
It is ordered that a message be sent to the House of Representatives inform-
ing that Honorable Body that the Senate is organized and is now ready to pro-
ceed with the public business, and for your information advises that the following
officers have been elected:
N. Hector McGeachy, Jr. President pro tempore
Roy Rowe Principal Clerk
Eugene W. Simmons Reading Clerk
Brooks W. Poole Sergenat-at-Arms
Respectfully,
S/ Roy Rowe
Principal Clerk
30 HOUSE JOURNAL [Session
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 1, a joint resolution relative to the inauguration of the Honorable
Robert W. Scott as Governor of North Carolina; and informing His Excellency,
Governor Robert W. Scott, that the General Assembly is organized and ready
to proceed with public business and inviting the Governor to address a Joint
Session of the Senate and House of Representatives at 12:30 P. M., Wednesday,
January 22, 1969.
On motion of Representative Johnson of Duplin the rules are suspended and
the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committee appointment:
RULES AND OPERATION OF THE HOUSE: Representative Johnson
of Duplin, Chairman; Representatives Ramsey of Madison and Holshouser,
Vice Chairmen; Representatives Barbee, Baugh, Billings, Bryan, Frye, Godwin
of Gates, Harkins, Johnson of Cabarrus, Johnson of Wake, McMillan of Robe-
son, Mills, Quinn, Rountree, Short, Snyder and Vogler.
On motion of Representative Jernigan, duly seconded, the House adjourns
in memory of Mrs. J. C. Davis, sister of Representative Martin, to meet tomor-
row at 12:00 o'clock Noon.
SECOND DAY
House of Representatives
Thursday, January 16, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins S. Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on Rules and Oper-
ation of the House reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
Mr. Speaker Vaughn announces the death of former Senator and Repre-
sentative T. Clarence Stone of Stoneville, North Carolina.
1969] HOUSE JOURNAL 31
Mr. Speaker Vaughn recognizes Representative Falls who announces the
death of Mrs. O. Max Gardner, widow of former Governor Gardner.
A leave of absence is granted Representative Auman for today.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Haynes, Kincaid and Fulton:
H. B. 11, a bill to be entitled an act to establish a tenure system for the public
school teachers of the State and to provide a procedure for a hearing when it is
alleged that a teacher's tenure contract should be terminated.
Referred to Committee on Education.
On motion of Representative Johnson of Duplin, seconded by Representative
McMichael, the House adjourns in honor and memory of T. Clarence Stone,
former House member and former President of the Senate to meet tomorrow
at ten o'clock A.M.
THIRD DAY
House of Representatives
Friday, January 17, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Johnson of Cabarrus, the courtesies of the
House are extended the Honorable Jim Davis, a former member of the House
from Cabarrus.
A leave of absence is granted Representative McKnight for Monday night
and Tuesday to attend the Inauguration for President-elect Nixon.
Mr. Speaker Vaughn appoints the following members to attend the funeral
of T. Clarence Stone in Stoneville on Saturday, January 18: Representatives
Johnson of Wake, McKnight, Phillips, Quinn, Royall and Williamson.
To attend the funeral of Mrs. O. Max Gardner, widow of former Governor
Gardner, Mr. Speaker Vaughn appoints the following: Representatives Falls,
Jones of Rutherford, Mauney and McMillan of Wake.
32 HOUSE JOURNAL [Session
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of
as follows:
By Representative McMillan of Wake:
H. B. 12, a bill to be entitled an act to amend General Statutes 20-16.2 to
make it unlawful to willfully refuse to submit to a chemical test and to provide
for revocation of driving privilege upon such refusal.
Referred to Committee on Highway Safety.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 8, a joint resolution authorizing an official delegation to represent
the General Assembly at the funeral of the Honorable T. Clarence Stone.
On motion of Representative Johnson of Duplin the rules are suspended
and the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns in memory of Mrs. 0. Max Gardner to meet tomorrow at 10:00 o'clock
A. M.
FOURTH DAY
House of Representatives
Saturday, January 18, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Twiggs, designated by Mr. Speaker Vaughn as Speaker Pro Tempore.
Prayer is offered by Representative Twiggs.
Representative McMillan of Wake, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
Pursuant to motion adopted on yesterday, the House is declared adjourned
by Mr. Speaker Pro Tempore Twiggs to meet Monday night at 8:00 o'clock
P. M.
1969] HOUSE JOURNAL 33
FIFTH DAY
House of Representatives
Monday night, January 20, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Saturday has been examined, found
correct, and without objection the same stands approved as written.
On motion of Representative Ragsdale, the courtesies of the floor are extended
to Judge John D. Larkins, a former member of the House from Jones County.
An indefinite leave of absence is granted the following members due to illness:
Representatives Campbell of Robeson, Jernigan, Payne and Speed.
In the absence of Representative Guy Elliott of the 9th District, the following
oath of office administered by John S. Davis, Clerk of Superior Court of Lenoir
County, is presented and on motion of Representative Lilley is included in
today's Journal. Representative Elliott is seated.
"I, Guy Elliott, do solemnly swear that I will support the Constitution and
laws of the United States, and I do solemnly and sincerely swear that I will be
faithful and bear true allegiance to the State of North Carolina, and to the
constitutional powers and authorities which are or may be established for the
government thereof; and that I will endeavor to support, maintain, and defend
the Constitution of said State not inconsistent with the Constitution of the
United States, to the best of my knowledge and ability; and I do solemnly and
sincerely swear that I will faithfully, truly and honestly perform my duties as
a member of the House of Representatives of the North Carolina General
Assembly to the best of my knowledge and ability, and agreeably to the Con-
stitution and laws of the State, so help me, God."
S/ Guy Elliott
Sworn to and subscribed before me this 18th day of January, 1969
S/ John S. Davis
Clerk of the Superior Court of Lenoir County
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Reid and Rountree:
H. B. 13, a bill to be entitled an act to amend General Statutes 116-46.3
relating to participation in sixth-year program of graduate instruction for super-
intendents, assistant superintendents, and principals of public schools.
34 HOUSE JOURNAL [Session
Referred to Committee on Higher Education.
By Representative Kincaid:
H. B. 14, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
Referred to Committee on Local Government.
By Representative Strickland:
H. B. 15, a bill to be entitled an act to appropriate such funds as may be
necessary to install an electronic voting device or system in the Hall of the
House of Representatives in the State Legislative Building.
Referred to Committee on Rules and Operation of the House.
By Representatives Jones of Rutherford, Falls and Mauney:
H. J. R. 16, a joint resolution recognizing the East Rutherford High School
Band.
On motion of Representative Jones of Rutherford, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representative Mills:
H. B. 17, a bill to be entitled an act relating to the election of members of the
Anson County Board of Education so as to decrease the number elected in 1972
from three to two and to increase the number elected in 1974 from one to two.
Referred to Committee on Education.
By Representative Johnson of Duplin:
H. R. 18, a House Resolution requesting the Honorable Thad Eure, Secretary
of State, to conduct a Legislative School of Instruction and Parliamentary
Procedure for such members of the House of Representatives and others as may
wish it.
On motion of Representative Johnson of Duplin, the resolution is adopted.
"A HOUSE RESOLUTION REQUESTING THE HONORABLE THAD
EURE, SECRETARY OF STATE, TO CONDUCT A LEGISLATIVE
SCHOOL OF INSTRUCTION AND PARLIAMENTARY PROCEDURE
FOR SUCH MEMBERS OF THE HOUSE OF REPRESENTATIVES AND
OTHERS AS MAY WISH IT.
Section 1. That, in accordance with a custom of long standing, the Honorable
Thad Eure, Secretary of State, is hereby requested to conduct a school of in-
struction in Parliamentary Procedure for the aid and assistance of such members
of the 1969 House of Representatives and others as may wish it.
Sec. 2. That, upon acceptance of this invitation, the Speaker of the House
and the Chairman of the Rules Committee are requested to make such arrange-
1969] HOUSE JOURNAL 35
ments as to time and place for conducting such school in Parliamentary Pro-
cedure as may be mutually agreed upon, and notify the members.
Sec. 3. That, upon adoption, a copy of this resolution be forwarded by special
messenger to the Secretary of State.
Sec. 4. That this resolution shall be in full force and effect upon and after
its adoption."
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the appointment of the following com-
mittees:
APPROPRIATIONS: Representative Johnson of Wake, Chairman.
APPROPRIATIONS SUB-COMMITTEE ON HEALTH, WELFARE
AND INSTITUTIONAL CARE: Representative Barbee, Chairman; Repre-
sentatives Bryan and Royall, Vice-Chairmen; Representatives Barr, Beam,
Chase, Collins, Covington, Falls, Frye, Holshouser, Jemison, Payne, Stanford,
Taylor of Transylvania, and Twiggs.
APPROPRIATIONS SUB-COMMITTEE ON EDUCATION: Repre-
sentative Quinn, Chairman; Representatives McMillan of Robeson and Roun-
tree, Vice-Chairmen; Representatives Beatty, Blake, Boger, Campbell of
Mecklenburg, Culpepper, DeBruhl, Euliss, Fulton, Gentry, Mills, Paschall,
Snyder and Tart.
APPROPRIATIONS SUB-COMMITTEE ON GENERAL GOVERN-
MENT AND TRANSPORTATION: Representative Hicks, Chairman; Repre-
sentatives Jernigan and Messer, Vice-Chairmen; Representatives Barker,
Carter, Coble, Garner, Green, Haynes, Penny of Harnett, Ramsey of Person,
Roberson, Speed, Speros, Troxell and Williamson.
APPROPRIATIONS SUB-COMMITTEE ON PERSONNEL AND LONG-
RANGE PLANNING: Representative Phillips, Chairman; Representatives
Baugh and Stewart, Vice-Chairmen; Representatives Auman, Bostian, Church,
Eagles, Horton, Johnson of Duplin, Kincaid, Leatherman, Lilley, McFadyen,
Moore, Penton and Whitley.
FINANCE: Representative Gregory, Chairman; Representatives Godwin
of Gates and Ramsey of Madison, Vice-Chairmen; Representatives Andrews,
Beard, Billings, Boshamer, Bradley, Britt, Bumgardner, Burrus, Campbell
of Robeson, Campbell of Wilson, Carson, Clark, Elliott, Everett, Fenner,
Godwin of Craven, Harkins, Harris, Hege, Hofler, Johnson of Cabarrus, Jones
of Mecklenburg, Jones of Rutherford, Love, Martin, Mauney, Mayfield, Mc-
Daniel, McKnight, McMichael, McMillan of Wake, Mitchell, Mohn, Penny
of Durham, Ragsdale, Raynor, Reid, Rhyne, Ridenour, Rose, Short, Snead,
Soles, Stevens, Strickland, Taylor of Wake, Tolbert, Vogler, Warlick, Watkins
and Wills.
PUBLIC UTILITIES: Representative McMichael, Chairman; Represent-
atives Bumgardner and Collins, Vice-Chairmen; Representatives Billings,
Coble, Falls, Garner, Godwin of Craven, Godwin of Gates, Harkins, Jones of
36 HOUSE JOURNAL [Session
Mecklenburg, Mills, Moore, Ramsey of Person, Speros, Taylor of Transylvania,
Taylor of Wake, and Twiggs.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 1. A Joint Resolution relative to the inauguration of the Honorable
Robert W. Scott as Governor of North Carolina: and informing His Excellency,
Governor Robert W. Scott, that the General Assembly is organized and ready
to proceed with public business and inviting the Governor to address a joint
session of the Senate and House of Representatives at 12:30 P. M., Wednesday,
January 22, 1969.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock noon.
SIXTH DAY
House of Representatives
Tuesday, January 21, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative McMillan of Robeson, for the Committee on the Rules and
Operation of the House, reports the Journal of Monday night has been ex-
amined, found correct, and without objection the same stands approved as
written.
A leave of absence is granted Representative Watkins for today.
On motion of Representative Taylor of Transylvania the courtesies of the
floor are extended to the Honorable C. R. Crawford, a former member of the
House from Swain County.
COMMITTEE REPORT
On motion of Representative Johnson of Duplin the temporarily adopted
rules of 1969 are now made the permanent rules of the House for 1969. They
are as follows:
RULES OF THE
1969 HOUSE OF REPRESENTATIVES
GENERAL ASSEMBLY OF
NORTH CAROLINA
"I. Order of Business (1-5)
II. Conduct of Debate (6-12)
1969] HOUSE JOURNAL 37
III. Motions (13-18)
IV. Previous Question (19-20)
V. Voting (21-26)
VI. Committees (27-31)
VII. Handling of Bills (32-45)
VIII. Legislative Officers and Employees (46-50)
IX. Privileges of the Hall (51-54)
X. General Rules (55-59)
I. ORDER OF BUSINESS
Rule 1. Convening Hour. The House shall convene each legislative day at
the hour fixed by the House on the preceding legislative day; in the event the
House adjourns on the preceding legislative day without having fixed an hour
for reconvening, the House shall reconvene on the next legislative day at twelve
o'clock noon.
Rule 2. Opening the Session. At the convening hour on each legislative day
the Speaker shall call the members to order, and shall have the session opened
with prayer.
Rule 3. Quorum, (a) A quorum consists of a majority of the qualified mem-
bers of the House.
(b) On the point of no quorum's being raised, the doors shall be closed and
the Clerk shall call the roll of the House, after which the names of the absentees
shall again be called over. Fifteen members, including the Speaker, are au-
thorized to compel the attendance of absent members, and may order that ab-
sentees for whom no sufficient excuses are made shall be taken into custody as
they appear, or wherever they may be found by special messenger appointed
for that purpose.
Rule 4. Approval of Journal. The Rules Committee shall examine daily
the Journal of the House before the hour of convening to determine if the pro-
ceedings of the previous day have been correctly recorded.
Immediately following the opening prayer and upon appearance of a quorum,
the Speaker shall call for the Journal report of the Rules Committee as to
whether or not the proceedings of the previous day have been correctly recorded;
the Speaker shall then cause the Journal to be approved. Without objection,
the Journal shall stand approved.
Rule 5. Order of Business of the Day. After the approval of the Journal of
the preceding day, the House shall proceed to business in the following order:
(1) The receiving of petitions, memorials and papers addressed to the
General Assembly or to the House.
(2) Reports of standing committees.
(3) Reports of select committees.
(4) Introduction of Resolutions.
(5) Introduction of Bills.
(6) The unfinished business of the preceding day.
(7) Bills, resolutions, petitions, memorials, messages, and other papers on
38 HOUSE JOURNAL [Session
the Calendar in their exact numerical order, unless displaced by the order of
the day; but messages, and motions to elect officers shall always be in
order.
(8) Reading of Notices and Announcements.
II. CONDUCT OF DEBATE
Rule 6. Duties and Powers of the Speaker.
(a) The Speaker shall have general direction of the Hall. He may name
any member to perform the duties of the Chair, but substitution shall not
extend beyond one day, except in the case of sickness or by leave of the House.
(b) In the event the Speaker, by reason of physical or mental incapacity,
is unable to perform the duties of the Chair, the Chairman of the Rules Com-
mittee shall be Speaker pro tempore, and shall perform all of the duties of the
Speaker until such time as the Speaker may assume the Chair.
Rule 7. Obtaining Floor, (a) When any member desires recognition for
any purpose, he shall rise from his seat and respectfully address the Speaker.
No member shall proceed until recognized by the Speaker.
(b) When a member desires to interrupt a member having the floor, he shall
first obtain recognition by the Speaker and permission of the member occupying
the floor, and when so recognized and such permission is obtained, he may pro-
pound a question to the member occupying the floor; but he shall not propound
a series of interrogatories or otherwise interrupt the member having the floor;
and the Speaker shall, without the point of order being raised, enforce this rule.
Rule 8. Questions of Personal Privilege. At any time, upon recognition by
the Speaker, any member may rise to speak to a question of personal privilege,
and upon objection to his proceeding, the Speaker shall determine if the question
is one of privilege.
Rule 9. Points of Order, (a) The Speaker shall decide questions of order
and may speak to points of order in preference to other members arising from
their seats for that purpose. Any member may appeal from the ruling of the
Chair on questions of order; on such appeal no member may speak more than
once, unless by leave of the House. A two-thirds (2/3) vote of the members
present shall be necessary to sustain any appeal from the ruling of the Chair.
(b) When the Speaker calls a member to order, the member shall take his
seat. A member called to order may clear a matter of fact, or explain, but shall
not proceed in debate so long as the decision stands. If the member appeals
from the ruling of the Chair and the decision be in favor of the member called
to order, he may proceed; if otherwise, he shall not; and if the case requires it,
in the judgment of the House, he shall be liable to censure by the House.
Rule 10. Limitations on Debate. No member shall speak more than twice
on the main question, nor longer than thirty minutes for the first speech and
fifteen minutes for the second speech, unless allowed to do so by the affirmative
vote of a majority of the members present; nor shall he speak more than once
upon an amendment or motion to commit or postpone, and then not longer than
ten minutes. But the House may, by consent of a majority of the members
1969] HOUSE JOURNAL 39
present, suspend the operation of this rule during any debate on any particular
question before the House, or the Rules Committee may bring in a special rule
that shall be applicable to the debate on any bill.
Rule 11. Readiyig of papers. When there is a call for the reading of a paper
which has been read in the House, and there is objection to such reading, the
question shall be determined by a majority vote of the members of the House
present.
Rule 12. General Decorum, (a) The Speaker shall preserve order and de-
corum.
(b) Decency of speech shall be observed and personal reflection carefully
avoided.
(c) When the Speaker is putting any question, or addressing the House, no
person shall speak, stand up, walk out of or cross the House, nor when a member
is speaking, entertain private discourse, stand up, or pass between the member
and the Chair.
(d) Smoking or the consumption of food or beverages shall not be permitted
on the floor of the House while the House is in session.
(e) Smoking or the consumption of food or beverages shall not be permitted
in the galleries at any time.
III. MOTIONS
Rule 13. Motions Generally, (a) Every motion shall be reduced to writing,
if the Speaker or any two members request it.
(b) When a motion is made, it shall be stated by the Speaker, or, if written,
it shall be handed to the Chair and read aloud by the Speaker or Clerk before
debate.
(c) After a motion has been stated by the Speaker or read by the Speaker
or Clerk, it shall be in the possession of the House: but it may be withdrawn
before a decision or amendment, except in case of a motion to reconsider, which
motion, when made by a member shall be in possession of the House and shall
not be withdrawn without leave of the House.
Rule 14. Motions, Order of Precedence. When there are motions before the
House, the order of precedence is as follows:
To adjourn
To lay on the table
To postpone indefinitely
Previous question
To postpone to a day certain
To commit
To amend an amendment
To amend
To substitute
To pass the bill
No motion to lay on the table, to postpone indefinitely, to postpone to a day
40 HOUSE JOURNAL [Session
certain, to commit or to amend, being decided, shall be again allowed at the
same stage of the bill or proposition.
Rule 15. Motion to Adjourn, (a) A motion to adjourn shall be seconded
before the motion is put to vote of the House.
(b) A motion to adjourn shall be decided without debate, and shall always
be in order, except when the House is voting or some member is speaking;
but a motion to adjourn shall not follow a motion to adjourn until debate or
some other business of the House has intervened.
Rule 16. Motion to Table, (a) A motion to table shall be seconded before
the motion is put to the vote of the House, and is always in order except when
a motion to adjourn is before the House.
(b) A motion to table shall be decided without debate.
(c) A motion to table a bill shall constitute a motion to table the bill and all
amendments thereto.
(d) A motion to table an amendment sent up from the floor shall not be
construed as a motion to table the principal bill or any other amendment
which has been offered thereto, and if such motion is carried, only the amend-
ment shall lie upon the table.
(e) When a question has been tabled, the same shall not be acted upon
again during the session except by two-thirds (2/3) vote.
Rule 17. Motion to Postpone Indefinitely. A motion to postpone indefi-
nitely is always in order except when a motion to adjourn or to lay on the table
is before the House; however, after one motion to postpone indefinitely has
been decided, another motion to postpone indefinitely shall not be allowed at
the same stage of the bill or proposition. When a question has been postponed
indefinitely, the same shall not be acted on again during the session, except
upon a two-thirds (2/3) vote.
Rule 18. Motion to Reconsider, (a) When a motion has been once made and
decided in the affirmative or negative, it is in order for any member of the
majority to move for the reconsideration thereof, on the same or succeeding
legislative day, unless it may have subsequently passed the Senate; provided,
that unless the vote by which the motion was originally decided was taken by
a call of the ayes and noes, any member may move to reconsider.
(b) A motion to reconsider shall be determined by a majority vote, except
a motion to reconsider a motion tabling a motion to reconsider, which shall
require a two-thirds (2/3) vote.
(c) A motion to reconsider a motion made under Rules 16, 17, 38, 42 and
43 shall require a two-thirds (2/3) vote.
IV. PREVIOUS QUESTION
Rule 19. Previous Question. The previous question may be called only by
the member submitting the report on the bill or other matter under consider-
ation, by the member (s) introducing the bill or other matter under consider-
ation, or by the member in charge of the measure, who shall be designated by
1969] HOUSE JOURNAL 41
the chairman of the committee reporting the same to the House at the time the
bill or other matter under consideration is reported to the House or taken up
for consideration.
Rule 20. Form and Effect of Previous Question, (a) The previous question
shall be as follows: 'Shall the main question now be put?' When the call for
the previous question has been decided in the affirmative by a majority vote of
the House, the 'main question' is on the passage of the bill, resolution or other
matter under consideration, including all pending amendments. If amend-
ments are pending, the question shall be taken upon such amendments in
inverse order.
(b) The call for the previous question shall preclude all motions, amendments
and debate, except the motion to adjourn or motion to table or motion to post-
pone indefinitely made prior to the determination of the previous question.
(c) If the previous question is decided in the negative, the main question
remains under debate.
V. VOTING
Rule 21. Stating Questions, (a) The Speaker shall rise to put a question
(b) The question shall be put in this form, namely, 'Those in favor (as the
question may be) will say 'Aye',' and after the affirmation voice has been ex-
pressed, 'Those opposed will say 'No'.'
(c) Any member may call for a question to be divided into two or more
propositions to be voted on separately, and the Speaker shall determine whether
the question admits of such a division.
Rule 22. Determining Questions. Unless otherwise provided by the Con-
stitution of North Carolina, all questions shall be determined by the members
present and voting.
Rule 23. Voting by Division. Any member may call for a division of the
members upon the question before the result of the vote has been announced.
Upon a call for a division, the Speaker shall cause the number voting in the
affirmative and in the negative to be determined. Upon division and count of
the House on any question, no member out of his seat shall be counted.
Rule 24. Roll Call Vote, (a) Before a question is put, any member may
call for the ayes and noes. If the call is sustained by one-fifth (1/5) of the mem-
bers present, the question shall be decided by the ayes and noes upon a roll
call vote, taken alphabetically.
(b) Every member who is in the hall of the House when the question is put
shall give his vote upon a call of the ayes and noes, unless the House for special
reasons shall excuse him and no application to be excused from voting or to
explain a vote shall be entertained unless made before the call of the roll.
Rule 25. Voting by Absentees, (a) No member shall vote on any question
when he was not present when the question was put by the Speaker, except by
the consent of the House.
(b) If any member is necessarily absent on temporary business of the House
42 HOUSE JOURNAL [Session
when a vote is taken upon any question, upon entering the House he shall be
permitted, on request, to vote, provided that the result shall not be affected
thereby.
(c) When a member who is present is paired with an absent member, he
shall, when his name is called on a roll call vote, announce the pair, which shall
be recorded by the Principal Clerk.
Rule 26. Voting by Speaker. In all elections the Speaker may vote. In all
other instances he may exercise his right to vote, or he may reserve this right
until there is a tie, but in no instance may he vote twice on the same question.
VI. COMMITTEES
Rule 27. Committees Generally, (a) All committees shall be appointed by
the Speaker, unless otherwise specially ordered by the House.
(b) Any member may excuse himself from serving on any committee if he
is a member of two standing committees.
(c) The Chairman and five other members of any committee shall constitute
a quorum of that committee for the transaction of business.
(d) In any joint meeting of the Senate and House committees, the House
Committee may in its discretion reserve the right to vote separately.
Rule 28. Appointment of Standing Committees, (a) At the commencement
of the session the Speaker shall appoint a standing committee on each of the
following subjects, namely;
Agriculture.
Alcoholic Beverage Control.
Appropriations, consisting of 4 sub-committees:
1. Appropriations sub-committee on Health, Welfare and Institutional
Care.
2. Appropriations sub-committee on Education.
3. Appropriations sub-committee on General Government and Trans-
portation.
4. Appropriations sub-committee on Personnel and Long-Range Planning.
Banks and Banking.
Commercial Fisheries and Oyster Industry.
Commissions and Institutions for the Blind and Deaf.
Correctional Institutions.
Conservation and Development.
Constitutional Amendments.
Corporations.
Courts and Judicial Districts.
Education.
Election Laws.
Employment Security.
Federal and Interstate Cooperation.
Finance.
1969] HOUSE JOURNAL 43
Health.
Higher Education.
Highway Safety.
Insurance.
Judiciary No. 1.
Judiciary No. 2.
Library.
Local Government.
Manufacturers and Labor.
Mental Health.
Military and Veterans' Affairs.
Public Buildings and Grounds.
Public Utilities.
Public Welfare.
Roads.
Rules and Operation of the House.
State Government.
State Personnel.
University Trustees.
Water and Air Resources.
Wildlife Resources.
(b) The first member announced on each committee shall be chairman, and
where the Speaker so desires he may designate a co-chairman and one or more
vice-chairmen.
Rule 29. Standing Committee Meetings, (a) Standing committees and sub-
committees of standing committees shall be furnished with suitable meeting
places pursuant to a schedule adopted by the Rules Committee.
(b) Subject to the provisions of the subsections (c) and (d) of this Rule,
standing committees and sub-committees thereof shall permit other members of
the General Assembly, the press, and the general public to attend all sessions
of said committees or sub-committees.
(c) The chairman or other presiding officer shall have general direction of
the meeting place of the committee or sub-committee and, in case of any dis-
turbance or disorderly conduct therein, or if the peace, good order, and proper
conduct of the legislative business in hindered by any individual or individuals,
the chairman or presiding officer shall have power to exclude from the session
any individual or individuals so hindering the legislative business or, if necessary,
to order the meeting place cleared of all persons not members of the committee
or sub-committee.
(d) Upon the affirmative vote of a majority of the members of any standing
committee or sub-committee, executive sessions may be held, but in no event
shall final action be taken in executive sessions.
(e) Procedure in the committees shall be governed by the rules of the House,
so far as the same may be applicable to such procedure.
Rule 30. Committee Hearings. The Chairmen of all committees shall notify,
or cause to be notified, the first named introducer on such bills as are set for
hearing before their respective committees as to the date, time and place of
such hearing.
44 HOUSE JOURNAL [Session
Rule 31. Committee of the Whole House, (a) A Committee of the Whole
House shall not be formed, except by suspension of the rules, if there be ob-
jection by any member.
(b) After passage of a motion to form a Committee of the Whole House,
the Speaker shall appoint a chairman to preside in committee, and the Speaker
shall leave the Chair.
(c) The rules of procedure in the House shall be observed in the Committee
of the Whole House, so far as they may be applicable, except the rule limiting
the time of speaking and the previous question.
(d) In the Committee of the Whole House a motion that the committee rise
shall always be in order, except when a member is speaking, and shall be de-
cided without debate.
(e) When a bill is submitted to the Committee of the Whole House, it shall
be read and debated by sections, leaving the preamble to be last considered.
The body of the bill shall not be defaced or interlined, but all amendments,
noting the page and line, shall be duly entered by the Clerk on a separate paper
as the same shall be agreed to by the committee, and so reported to the House.
After report, the bill shall again be subject to be debated and amended by
sections before a question on its passage be taken.
VII. HANDLING OF BILLS
Rule 32. Reference to Committee. Each bill, joint resolution, or House
resolution not introduced on the report of a committee shall immediately upon
its introduction be referred by the Speaker to such committee as he deems
appropriate.
Rule 33. Introduction of Bills and Resolutions, (a) Every bill shall be in-
troduced in regular order of business, except upon permission of the Speaker
or on the report of a committee.
(b) Any member introducing a bill or resolution shall briefly state in the
caption the substance of same and the caption shall not be amended.
(c) A Substitute Bill shall be covered with the same color jacket as the Ori-
ginal Bill and shall be prefaced as follows: 'House Substitute for' or 'House
Committee Substitute for '
Rule 34. Papers Addressed to the House. Petititions, memorials and other
papers addressed to the House shall be presented by the Speaker; a brief state-
ment of the contents thereof may be verbally made by the introducer before
reference to a committee, but such papers shall not be debated or decided on
the day of their first being read, unless the House shall direct otherwise.
Rule 35. Introduction of Bills, Copies Required, (a) Whenever any resolu-
tion or bill is introduced, a duplicate copy thereof shall be attached thereto,
and the Principal Clerk shall cause said duplicate copy to be numbered as the
original resolution or bill is numbered, and shall cause the same to be available
at all times to the member introducing the same.
(b) Numbering of House Bills shall be designated as "H. B ' (No.
following.) A Joint Resolution shall be designated as 'H. J. Res ' (No.
1969] HOUSE JOURNAL 45
following.) A House Resolution shall be designated as 'House Res '
(No. following.)
(c) Whenever a public bill is introduced, it shall be in such form and have
such copies accompanying same as designated by the Speaker, and any bill
submitted without the required number of copies shall be immediately returned
to the introducer. The Clerk shall stamp the copies with the number stamped
upon the original bill.
Rule 36. Duplicating of Bills. The Principal Clerk shall cause such bills as
are introduced to be duplicated in such numbers as may be specified by the
Speaker. On the morning following the delivery of the copies, the Chief Clerk
shall cause the Chief Page to have one copy put upon the desk of each member,
one copy put in the office of each member, and shall retain the other copies
in his office. A sufficient number of copies for the use of the committee to which
the bill is referred shall be delivered to the chairman or clerk of that committee
by the Chief Page. If the bill is passed by the House, the Chief Clerk shall
deliver the remaining copies to the Principal Clerk of the Senate for the use of
the Senate.
Rule 37. Report by Committee. All bills and resolutions shall be reported
from the committee to which referred, with such recommendations as the
committee may desire to make.
(a) Favorable Report. When a committee reports a bill with the recom-
mendation that it be passed, the bill shall be placed on the favorable calendar.
(b) Report Without Prejudice. When a committee reports a bill without
prejudice, the bill shall be placed on the favorable calendar.
(c) Unfavorable Report. When a committee reports a bill with the recom-
mendation that it be not passed, and no minority report accompanies it, the
bill shall be placed on the unfavorable calendar.
(d) Minority Report. When a bill is reported by a committee with a re-
commendation that it be not passed, but it is accompanied by a minority
report signed by at least one-fourth (1/4) of the members of the committee
who were present and voting when the bill was considered in committee, the
question before the House shall be: 'The adoption of the minority report.'
If the minority report is adopted by majority vote, the bill shall be placed on
the favorable calendar for consideration. If the minority report fails of adoption
by a majority vote, the bill shall be placed on the unfavorable calendar.
Rule 38. Removing Bill from Unfavorable Calendar. A bill may be removed
from the unfavorable calendar upon motion carried by a two-thirds (2/3) vote.
A motion to remove a bill from the unfavorable calendar is not debatable; but
the movant may, before making the motion, make a brief and concise state-
ment, not more than five minutes in length, of the reasons for the motion.
Rule 39. Reports on Appropriation and Revenue Bills. All committees, other
than the Committee on Appropriations, when favorably reporting any bill
which carries an appropriation from the State, shall indicate same in the report,
and said bill shall be referred to the Committee on Appropriations for a further
report before being acted upon by the House. All committees, other than the
Committee on Finance, when favorably reporting any bill which in any way or
46 HOUSE JOURNAL [Session
manner raises revenue or levies a tax or authorizes the issue of bonds or notes,
whether public, public-local, or private, shall indicate same in the report, and
said bill shall be referred to the Committee on Finance for a further report
before being acted upon by the House.
Rule 40. Recall of Bill from Committee. When a bill has been introduced
and referred to a committee, if after ten days the committee has failed to report
there on, then the introducer of the bill or some member designated by him
may, after three days' public notice given in the House, on motion supported
by a vote of two-thirds (2/3) of the members present and voting, recall the
same from the committee to the floor of the House for consideration and such
action thereon as a majority of the members present may direct.
Rule 41. Calendars. The Clerk of the House shall keep a separate calendar
of the public, local, and private bills, and shall number them in the order in
which they are introduced, and all bills shall be disposed of in the order they
stand upon the Calendar; but the Committee on Rules may at any time arrange
the order of precedence in which bills may be considered.
Rule 42. Readings of Bills, (a) Every bill shall receive three readings in the
House prior to its passage. The introduction of the bill shall constitute its
first reading, and the Speaker shall give notice at each subsequent reading
whether it be the second or third reading.
(b) No bill shall be read more than once on the same day without the con-
currence of two-thirds (2/3) of the members present and voting.
Rule 43. Effect of Defeated Bill, (a) Subject to the provisions of subsection
(b) of this Rule, after a bill has been tabled or has failed to pass on any of its
readings, the contents of such bill or the principal provisions of its subject
matter shall not be embodied in any other measure. Upon the point of order
being raised and sustained by the Chair, such measure shall be laid upon the
table, and shall not be taken therefrom except by a two-thirds (2/3) vote.
(b) No local bill shall be held by the Chair to embody the provisions of or
to be identical with any statewide measure which has been laid upon the table,
or failed to pass any of its readings.
Rule 44. Amendments and Riders. No amendment or rider to a bill before
the House shall be in order unless such rider or amendment is germane to the
bill under consideration.
Rule 45. Conference Committees, (a) Whenever the House shall decline or
refuse to concur in amendments put by the Senate to a bill originating in the
House, or shall refuse to adopt a substitute adopted by the Senate for a bill
originating in the House, a conference committee shall be appointed upon
motion made, consisting of the number named in the motion; and the bill
under consideration shall thereupon go to and be considered by the joint
conferees on the part of the House and Senate.
(b) Only such matters as are in difference between the two houses shall be
considered by the conferees, and the conference report shall deal only with
such matters. The conference report shall not be amended.
(c) Except as herein set out, the rules of the House of Representatives of
Congress shall govern the appointment, conduct, and reports of the conferees.
1969] HOUSE JOURNAL 47
VIII. LEGISLATIVE OFFICERS AND EMPLOYEES
Rule 46. Elected Officers. The House shall elect a Principal Clerk, a Reading
Clerk and a Sergeant-at-Arms. The Principal Clerk shall continue in office
until another is elected.
Rule 47. Assistants to Principal Clerk and Sergeant-at-Arms. The Principal
Clerk and the Sergeant-at-Arms may appoint, with the approval of the Speaker,
such assistants as may be necessary to the efficient discharge of the duties of
their various offices.
Rule 48. Speaker's Clerk, Chaplain, and Pages, (a) The Speaker may ap-
point a Clerk to the Speaker, a Chaplain of the House, and pages to wait upon
the sessions of the House.
(b) When the House is not in session, the pages shall be under the super-
vision of the Principal Clerk.
Rule 49. Committee Clerks, (a) The Speaker may assign a clerk to such
committee (s) as he may deem necessary and appropriate.
(b) Whenever the Speaker deems it advisable, he may assign a clerk to act
for two or more committees.
(c) The leader of the minority party may, with the approval of the Speaker,
be assigned a clerk.
(d) By and with the consent and approval of the Chairman of any of the
above committees, the Clerk of said committee may be assigned to special duty
with other committees under the supervision of the Principal Clerk of the
House.
Rule 50. Compensation of Clerks, (a) No clerk, laborer, or other person
employed or appointed under Rules 47, 48 and 49 hereof shall receive during
such employment, appointment, or service any compensation from any depart-
ment of the State Government, or from any other source, and there shall not
be voted, paid or awarded any additional pay, bonus or gratuity to any of them,
but they shall receive only the pay now provided by law for such duties and
services.
(b) Any bill or resolution changing the compensation of House personnel
shall originate from the Rules Committee upon approval of the Speaker.
IX. PRIVILEGES OF THE HALL
Rule 51. Admittance to Floor. No person except members, officers and em-
ployees of the General Assembly and former members of the General Assembly
who are not registered under the provisions of Article 9 of Chapter 120 of the
General Statutes of North Carolina shall be allowed on the floor of the House
during its session, unless permitted by the Speaker or otherwise provided by
law.
Rule 52. Admittance of Press. Reporters wishing to take down debates
may be admitted by the Speaker, who shall assign such places to them on the
floor or elsewhere, to effect this object, as shall not interfere with the con-
venience of the House.
48 HOUSE JOURNAL [Session
Rule 53. Extending Courtesies. Courtesies of the floor, galleries or lobby
shall not be extended by the Speaker on behalf of any member except upon the
Speaker's motion and by written request.
Rule 54. Order in Galleries and Lobby. In case of any disturbance or dis-
orderly conduct in the galleries or lobby, the Speaker or other presiding officer
is empowered to order the same to be cleared.
X. GENERAL RULES
Rule 55. Attendance of Members. No member or officer of the House shall
absent himself from the service of the House without leave, unless from sick-
ness or disability.
Rule 56. Documents to be Signed by the Speaker. All Acts, addresses, and
Resolutions and all warrants and subpoenas issued by order of the House shall
be signed by the Speaker or Presiding Officer.
Rule 57. There shall be no printing or reproducing of paper (s) that are
not legislative in essence except upon approval of the Speaker.
Rule 58. Placement of Material on Members' Desks. Persons other than
members of the General Assembly, officers or staff thereof shall not place or
cause to be placed any materials on members' desks without obtaining approval
of the Speaker. Any printed material so placed shall bear the name of the ori-
ginator.
Rule 59. Rules, Rescission and Alteration, (a) No standing rule or order
shall be rescinded or altered without one day's notice given on the motion there-
of, and to sustain such motion two-thirds (2/3) of the House shall be required.
(b) Except as otherwise provided herein, the House upon two-thirds (2/3)
vote of the members present and voting may temporarily suspend any rule."
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Johnson of Wake:
H. B. 19, a bill to be entitled an act to make appropriations to provide capital
improvements for State institutions, departments, and agencies.
Referred to Committee on Appropriations.
And,
H. B. 20. a bill to be entitled an act to make appropriations for current
operations of the State's departments, institutions, and agencies and for other
purposes.
Referred to Committee on Appropriations.
1969] HOUSE JOURNAL 49
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 10, a joint resolution congratulating the Greensboro, North Carolina
Jaycees.
On motion of Representative Short the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
S. J. R. 11, a joint resolution honoring the memory of an active and gracious
lady, Mrs. O. Max Gardner.
On motion of Representative Falls the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
special message from the senate
Senate Chamber
January 21, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the infor-
mation that pursuant to Senate Resolution No. 1, "A Joint Resolution relative
to the inauguration of the Honorable Robert W. Scott as Governor of North
Carolina; and informing His Excellency, Governor Robert W. Scott, that the
General Assembly is organized and ready to proceed with public business and
inviting the Governor to address a Joint Session of the Senate and House of
Representatives at 12:30 P.M., Wednesday, January 22, 1969". The President
has appointed the following committee on the part of the Senate to act with a
like committee on the part of the House to escort His Excellency, the Governor,
to the Hall of the House to address the Joint Session, Senators Burney of New
Hanover and Henley of Cumberland.
Respectfully,
S/ Roy Rowe
Principal Clerk
Pursuant to the above resolution Mr. Speaker Vaughn appoints Repre-
sentatives Baugh, Bumgardner, and Fenner as a like committee to escort the
Governor, and the Senate is so notified.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committee appointments:
50 HOUSE JOURNAL [Session
ALCOHOL BEVERAGE CONTROL: Representative McMillan of Robe-
son, Chairman; Representatives Baugh, Mauney and Mohn, Vice-Chairmen;
Representatives Auman, Barbee, Beard, Carson, Carter, Coble, DeBruhl,
Euliss, Gregory, Hege, Johnson of Wake, McFadyen, McKnight, McMichael,
Penton, Ramsey of Madison, Stewart and Taylor of Transylvania.
JUDICIARY NO. 1: Representative Godwin of Gates, Chairman; Repre-
sentatives Love and Rountree, Vice-Chairmen; Representatives Andrews,
Beam, Bryan, Campbell of Mecklenburg, Carson, Coble, Harris, Johnson of
Cabarrus, Leatherman, Martin, McMichael, McMillan of Wake, Paschall ;
Penny of Durham, Ridenour, Rose, Soles, Stevens, Taylor of Transylvania and
Watkins.
JUDICIARY NO. 2: Representative Hofler, Chairman; Representatives
Harkins and Strickland, Vice-Chairmen; Representatives Boshamer, Britt,
Campbell of Robeson, Carter, Clark, Elliott, Frye, Fulton, Holshouser, Horton,
Johnson of Wake, Jones of Rutherford, Penny of Harnett, Ramsey of Person,
Reid, Short, Snyder, Stewart and Twiggs.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
SEVENTH DAY
House of Representatives
Wednesday, January 22, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Church, the courtesies of the floor are extended
to the Honorable Wilton Drake, a former member of the House from Warren
County.
On motion of Representative Mitchell, the courtesies of the floor are extended
the Honorable Clyde Harriss, a former member of the House from Rowan
County.
On motion of the Wake Delegation, the courtesies of the floor are extended
the Honorable John R. Jordan, Jr., a former Senator from Wake County.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Dan K. Moore, former Governor, and Mrs. Moore.
The Sergeant-at-Arms announces the approach of the members of the Su-
preme Court, who are seated in a body for the Joint Session.
1969] HOUSE JOURNAL 51
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Chief Justice and Associate Justices of the Supreme Court.
An indefinite leave is granted Representative Barr due to illness.
The Sergeant-at-Arms announces the approach of the members of the Council
of State and Attorney General who are seated in a body for the Joint Session.
Mr. Speaker Vaughn extends the courtesies of the floor to Mrs. Robert W.
Scott, wife of Governor Scott, and Mrs. John J. Burney, Jr., wife of Senator
Burney.
Mr. Speaker Vaughn extends the courtesies of the floor to Mrs. Josephine
Hudson, Aunt of Governor Robert W. Scott, and sister of the late Governor
Kerr Scott.
A leave of absence is granted Representative Messer for Tuesday, January
21, Wednesday, January 22 and Thursday, January 23.
special message from the senate
Senate Chamber
January 22, 1969
Mr. Speaker:
Pursuant to Senate Resolution No. 1, "a joint resolution relative to the in-
auguration of the Honorable Robert W. Scott as Governor of North Carolina;
and informing His Excellency, Governor Robert W. Scott, that the General
Assembly is organized and ready to proceed with public business and inviting
the Governor to address a Joint Session of the Senate and House of Represent-
atives at 12:30 P.M., Wednesday, January 22, 1969", the Senate stands ready
to repair to the Hall of the House, there to sit in today's Joint Session with
your Honorable Body.
Respectfully,
S/ Roy Rowe
Principal Clerk
JOINT SESSION
Pursuant to resolution, heretofore adopted, and exchange of messages, the
Sergeant-at-Arms of the House announces the arrival of the Senate at the door
of the House. Mr. Speaker Vaughn directs the admittance and seating of the
Honorable Body. Mr. President Taylor is seated to the right of Mr. Speaker
Vaughn and is presented the gavel.
The Joint Assembly is called to order by Mr. President Taylor.
The Sergeant-at-Arms of the House announces the approach of Governor
Scott. His Honor enters escorted by Senators Burney and Henley and Repre-
sentatives Baugh, Bumgardner and Fenner.
President Taylor recognizes Senator Burney, who presents His Excellency
52 HOUSE JOURNAL [Session
Robert W. Scott, Governor of North Carolina, to the Joint Assembly. Governor
Scott delivers the following address:
LEGISLATIVE MESSAGE
OF
GOVERNOR ROBERT W. SCOTT
January 22, 1969
The State Legislative Building
Raleigh, North Carolina
12:30 p. m., Wednesday, January 22, 1969
"Mr. President, Mr. Speaker, Mr. Chief Justice and members of the General
Assembly of North Carolina:
The people of North Carolina have elected us to formulate the programs that
will give impetus to this State in the decade of the Seventies and into the
future — programs to lead to the good life.
At the outset, we might as well face the fact that this will be, at the least, a
challenging session.
We are reaching a point where the level of expectations is rising at a rate that
outstrips our capacity to provide them without imposing on ourselves a greater
burden of stewardship to the State.
We want better schools. We all want our children to be well taught. We
want them to start their education at an earlier age and continue it beyond the
high school.
We want our schools to tailor programs to fit the need of every child — the
mentally fast and the mentally slow; the student going on to college and the
student who wants to prepare now for an occupation.
We are living in an affluent age, but many are left out of the abundance — the
mentally and physically handicapped, the children of deprived backgrounds,
the aged. Many families live on inadequate incomes.
Sections of our State are awaiting to move out economically and industrially.
They want and need roads and community facilities to hasten the day.
Thousands living in North Carolina today will celebrate the year 2000 — -the
advent of a new century. We need to make the wisest use of our resources.
We need a unified effort. We need to modernize and streamline government.
North Carolina has always met the challenge. We have felt no resistance to
progressive change. In fact, we have sought it and we have benefitted by it.
The people of North Carolina have elected you and me to see that the State
does what clearly must be done if we are to meet the challenge of the year 2000.
We must act now to put the essentials of a good life within reach of every citizen.
1969] HOUSE JOURNAL 53
INTERGOVERNMENTAL RELATIONS
At this moment, there seems to be little doubt that the biggest challenge of
the next decade will be a struggle to improve our environment.
It will be an effort to conserve and better utilize our natural resources. There
will be a great concern to halt air and water pollution; an attempt to banish
hunger and an effort to remove blight.
Communities will seek more public facilities to stimulate economic and in-
dustrial development. Roads and streets, thoroughfares and rapid transit
systems will be built to move people and commerce and hopefully make trans-
portation and travel more safe.
At a time when all levels of government are experiencing unprecedented
demands for services, we must recognize that all governmental goals are in-
terrelated.
Only by close, coordinated interaction with the Federal Government and with
local governments can the State achieve its goals of better government for all
its people. Only through partnership with the State can local governments
provide the services its citizens demand.
One of the highest priorities during this session and the next four years should
be efforts to build an effective working partnership between all levels of govern-
ment.
I believe we will see efforts during the next four years to place greater re-
sponsibility on the State, particularly in the State's relationships with local
governments.
There are many areas where a better partnership is needed if the State, the
cities, the towns and the counties are going to meet the needs of North Caro-
linians where they live, work and play.
In our urban areas, there are problems of income and housing that only the
State and municipalities can solve together. There are problems as well in
rural areas, and, in many respects, the needs of North Carolina are greater in
the rural areas.
I will ask for your support in developing programs that will build a partner-
ship between the State and the communities.
Among these programs will be a request later in this session for a new depart-
ment of State government. It will be established for the primary purpose of
aiding and assisting local governments to meet local needs.
It will not be the most expensive program — in terms of appropriations — that
you and I will be asked to undertake during this session and the next four years.
The nucleus for such a department already exists within the State. What is
needed now is to bring together in one place — hopefully under one roof — and
under one administration already existing services which are relevant to modern
problems of community life.
Not only will my proposed department actively aid communities, it will in
the long-run increase efficiency in State government. It will be a service or-
54 HOUSE JOURNAL [Session
ganization whereby the full resources of the State can be called upon by com-
munities for assistance within the entire spectrum of community problems.
Let me stress: it will be a service organization and not a regulatory agency.
The department will be staffed by individuals — many of whom are already
employed by the State although others will be needed — who have ideas and
know how in housing, community redevelopment, economic development, local
taxation and capital planning, land use and development, local and regional
planning and recreation planning.
In addition to technical assistance, this department will reap some tangible
benefits to the State. It will become an important link in Federal-State and
local programs. It will strengthen the hand of every local government in making
full and intelligent use of all available assistance programs.
State Government must be strengthened, particularly in its relation to the
Federal Government. I intend to work with the Governors of other states to
enable the states to have a stronger voice and a greater influence in the Federal
system.
We will go to Washington to solicit our fair share and we will not overlook
any program. Many assistance programs go untapped, even though they are
available to us, simply because we have not made a maximum effort.
To enable the State to take advantage of worthwhile programs that may
come along during the biennium, I will request a reserve fund for matching
grants. This will be a sum of money set aside to be used, upon the approval of
the Advisory Budget Commission, for matching Federal grants in which the
State feels it should participate.
PUBLIC EDUCATION
Today, more than at any time in our history, North Carolina has the op-
portunity, challenge and responsibility of providing a full educational opportu-
nity for every child in the public schools — as well as every child who should be
in our classrooms.
The opportunity and the task that confronts all of North Carolina is finding
the means of implementing and financing a new adventure in public education.
During the past 12 months, more than 500 North Carolinians representing
all areas of the State and the major groups involved in public education have
studied and proposed for our State the goal of a child well taught.
In the broadest sense, this goal means that every boy and girl will learn how
to live and how to make a living. That is what education is all about.
State and local governments must be committed to providing the resources
that are needed to close the gaps in our public school system. Local govern-
ments must take the initiative to see that a comprehensive education is available
to every child.
In many areas this means the merger of school districts and the consolidation
of schools. It means in some cases that local governments must do a better job
of financing school programs. At the State level our administrative structure
must assure a bold, unified endeavor in public education.
1969] HOUSE JOURNAL 55
The task ahead of us is a big one, but we must begin. I am recommending
to you:
First, that you firmly establish the State Board of Education as the policy
formation agency for public education and that the Board be given the power to
appoint the Superintendent of Public Instruction. In addition, — the Board
should be given the authority to adopt criteria for merging school districts and
to consolidate schools to achieve sound educational programs in all areas of the
State.
Second, that financial support of public education be recognized as a cooper-
ative State, local and federal effort, and that local units be encouraged to pro-
vide basic minimum participation. I endorse the principal of State incentive
funds to match local funds which are committed beyond the basic program.
Third, North Carolina must make some major alterations in its instructional
program if it is to offer a truly meaningful education to every child.
As a top priority we must see that every child has a good beginning in his
educational career. A poor beginning often shows up later in low marks, drop-
outs and juvenile delinquency. I recommend that you extend public education
to five-year olds. We should begin with an initial effort extended over a period
of several years to serve all kindergarten age children in the State.
I will recommend increased appropriations to offer occupational guidance and
training to more students than are currently being reached in our vocational
programs.
Vocational training needs to be stressed and strengthened in the middle
grades, for it may offer many young people their best means of preparing for
effective competition in the job market. It may also provide invaluable in-
centive for potential dropouts to stay in school.
Means should be sought to attract more students who need special induce-
ment into a diversified vocational program. Too few of our schools now have
student bodies large enough to justify a strong program. Still, effective pro-
grams can become a reality by school consolidation or other means of offsetting
the handicap of small school units.
Fourth, nothing is more important to our goal of a child well taught than the
quality of teacher provided. Our schools must be staffed with competent,
dedicated people. We must take meaningful strides toward paying teachers
the national salary average.
In return for higher salaries, we will expect a renewed dedication from all
teachers. At the same time, we must seek solutions to reducing heavy class-
room loads.
Fifth, transportation for school children with special needs and a more flexible
transportation service to accommodate special programs is needed.
Further, public school bus transportation should be extended to include
urban and suburban children. As long as the State assumes responsibility for
school transportation, with all tax payers supporting it, this service should not
be limited to rural children who live more than one and one-half miles from
school.
56 HOUSE JOURNAL [Session
HIGHER EDUCATION
Higher education is another area which must have sustained support. The
needs in higher education are many.
Attention must be given to strengthening faculty salaries in all State-sup-
ported institutions. There is the pressing need to train more people in the
medical and medically related areas and to upgrade library facilities at all in-
stitutions of higher learning.
The role of the traditionally Negro institutions must be expanded in the
years ahead and special attention given to salaries and remedial assistance in
these institutions.
Although I have said many times that not all young people can or should
attend a college or university, there are many who should but are not doing so.
A relatively low percentage of our students now continue their education be-
yond the high school.
To effectively reach them will require an expansion of the campuses of our
existing institutions of higher learning.
Our university must grow physically as the demand increases. But I feel
there is a limit in the student population of a given campus which should not
be surpassed for effective administration and instruction. Nevertheless, if we
follow the philosophy of making a university education available to academi-
cally qualified students, it is inevitable that the campus expand. I believe the
wise course is for this expansion to occur in other areas of the State. For this
reason, I favor the extension of the university system to include Wilmington
and Asheville-Biltmore Colleges.
Privately supported colleges and universities play an important role in the
total higher education program in North Carolina. These institutions educate
many students, the cost of which would otherwise have to be borne by the
State. Yet, many of the church-related, non-tax supported institutions face
financial hardships.
I recommend, as does the recent study on higher education, a special study
to consider a State-wide student assistance program.
COMMUNITY COLLEGES, TECHNICAL INSTITUTES
I cannot over-emphasize the importance of the community colleges and
technical institutes to our overall program of post-high school training. The
50 institutions in this system have grown rapidly, this year enrolling more than
189,000 students. They have done a remarkable job in both technical and
vocational instruction and college parallel programs.
It is through these institutions that we can make a greater effort to reach
more people — both adults and high school graduates.
In the technical institutes and community colleges, greater emphasis should
be placed on vocational opportunities. Programs should be broadened in this
area. They should be developed in coordination with occupational education
in the public schools. And this training should be made more relevant to the
1969] HOUSE JOURNAL 57
economy of the State. The emphasis should be on the skills demanded by-
industry, especially the better-paying industrial and service jobs.
LAW AND JUSTICE
Preserving civil peace has always been recognized as the first responsibility
of government. A government that is unable to afford to all of its citizens the
security of person and property is not likely to be able to do much else for them.
Today, we are faced with an increase in the old and familiar varieties of crime
as well as the growth of organized crime and large scale civil disorders.
The task of the State is this: to maintain public order while upholding the
rule of law and pursuing the goal of justice for all citizens. In addition to main-
taining order, the State must insure that justice embraces the fair treatment of
individuals; and fair treatment must extend to all aspects of life insofar as it
is within the government's authority to assure it.
We must deal effectively with all aspects of law and justice. My immediate
proposals include:
First, the prompt establishment of a police information network which is
designed to link the State, national, and all local law enforcement agencies
willing to participate, in a high-speed, computerized network for the collection,
organization and retrieval of information on crime and criminals.
Second, bills to strengthen the authority of local government in dealing
promptly and effectively with civil disorders.
Third, legislation to state clearly the authority and responsibilities of the
administrators of our public educational institutions to deal promptly and
effectively with those who attempt to disrupt the normal operation of those
institutions and disrupt the educational process.
Fourth, insistence on the equality of treatment of all citizens in their dealings
with the agencies of the law, and on the equality of protection of all persons and
their property.
Fifth, explore the Courts Commission recommendation for the initiation of
a public defender system in some areas of the state.
Sixth, strengthen substantially the State Bureau of Investigation by pro-
viding more funds for manpower and modern equipment.
On a longer range basis, we must develop a coordinated plan for training of
all law enforcement officers in the State and urge local governments to take
advantage of these programs.
More effective training of enforcement personnel can be accomplished by
utilizing fully existing training programs and facilities. At the same time, we
should consider the development of a police academy, especially to assure the
best training facilities and program possible for our State law enforcement
agencies.
I believe there are benefits to be derived from combining the prison, pro-
bation and paroles departments into a comprehensive correction and rehabili-
58 HOUSE JOURNAL [Session
tation system. Such a department could give the leadership to increase our
efforts to rehabilitate prisoners, especially juvenile offenders. I recommend
this proposal be studied carefully by a commission appointed by this General
Assembly.
GOOD NEIGHBOR COUNCIL
Understanding and cooperation among the races are essential. While these
must be the concern of government generally, we will continue to need for
sometime a State agency whose main purpose is the improvement of racial
relations in the State.
Therefore, I recommend that the Good Neighbor Council be continued and
that the functions now performed by the Chairman be divided between a part-
time Chairman of the Council and a full-time Director employed by the Coun-
cil. The late David Coltrane gave the Council real meaning — a significance of
purpose. He served as both Chairman and Director, performing both of these
tasks well. I am asking that these roles now be divided and strengthened.
I am asking for a full-time Director and staff because I feel that the role of
the Good Neighbor Council should become more than one of mediating disputes.
The Council should examine State and local governmental practices in employ-
ment and in the provision of services. It should encourage the removal of any
inequities found, reporting to the Governor periodically on problems en-
countered.
The Council should continue to encourage and aid the formation of local
good neighbor councils and should help mediate racial crises on the invitation
of troubled communities.
Finally, recognizing that actions speak louder than words, I believe that
nothing will strengthen the confidence of minorities more surely than a voice in
government. We will set an example by appointing more members of minor-
ities to State boards and positions, and urge authorities at both State and local
levels to follow a similar policy.
TRANSPORTATION
Transportation and roads continue to be a pressing need in the State. It
has been estimated that we would need to spend $4.7 billion dollars in the next
twenty years to develop the transportation system that is needed to stay
abreast of economic growth as well as to curb the rising death and injury rate
on our highways.
In the area of highways and transportation, we must be ambitious in our
thinking and in our actions — as costly as such a program will be and as pressing
as are other programs that demand the State's attention and resources.
I will propose changes in the structure and composition of the State High-
way Commission. I favor increasing the Commission's membership. A larger
commission can better communicate with the people and will be more responsive
to the needs of the people. Highway divisions now serve up to fourteen counties.
It's difficult for a commission to effectively serve so large an area.
1969] HOUSE JOURNAL 59
I am concerned that in the areas of highways and transportation that we use
wisely the large capital outlays that will be needed and that whatever we do
now and in the next decades will meet the needs of a growing and changing
State.
We should think boldly in terms of constructing an arterial system that will
move people and commerce through our centers of economic growth and that
will link these urban centers with less populated areas of the State that would
benefit economically by improved transportation.
Let us remember, too, that people on our coast use the channels and inlets
as roadways. We should give more attention to water transportation. A clear
and open channel means as much as a highway to people who depend on the
sea for their income.
We must look toward the development of our airports, particularly local
airports which are so essential to full industrial development in our State.
This is one area in which we can work closely with the federal government to
get some of our federal tax dollars back into North Carolina. It again under-
scores the need to strengthen the role of the State in federal matters.
STATE EMPLOYEES
All of us who are or have been employers know that demanding dedication of
our employees is only part of the story. A devoted, hard-working employee is
an employee who is adequately paid and who has the benefits that have become
a part of the modern, industrial society.
The State can be no different from the business employer. Its employees
must have adequate salaries which reflect the rising costs of living. Neither
should State employees be expected to conduct State business on a per diem
which is inadequate to meet expenses incurred.
I favor salary increases and, in addition, an increase in the per diem allowance
for both in-state and out-of-state travel.
I will ask you to appropriate funds to provide for time and one-half pay for
those employees who perform emergency services to protect life, health and
safety of the public.
The General Assembly should study the feasibility of establishing a longevity
and cost-of-living index in the salary schedule of State employees. Under the
present system, State employees can receive general pay increases only once
each two years. The cost of living has increased eight per cent since the last
general pay increase in 1967.
I favor changes in the State employees retirement program, and will recom-
mend new benefits, which will not require additional appropriations.
Finally, I believe a commission should be established to study various hospi-
talization plans and medical benefits for State employees-benefits that would
be in keeping with the current cost of hospital service. This study should be
directed toward specific recommendations for a hospital insurance proposal.
60 HOUSE JOURNAL [Session
NATURAL RESOURCES
I have stated time and again that I want this administration to be known for
its concern with planning for the future of North Carolina. Thousands of
North Carolinians now living will see the advent of the year 2000 celebrated as
the turn of the century.
In these future years, all of North Carolina's resources must be conserved and
utilized so that the fullest benefit will accrue to all of our citizens. We must see
to it, as we plan for the future, that the great bounties with which God has
blessed this land are not wasted, misused or destroyed.
One of these great gifts of nature is the majestic and mysterious Atlantic
Ocean washing our shores. The Atlantic Ocean and our inland waters are
frontiers where lie natural resources as yet untapped. With the new emphasis
being placed throughout the world on the scientific study of seas, oceans and
water resources, I believe that the State must join in the intensive search for
answers to the problems and potentials of the ocean and rivers.
This administration will move to a position of leadership in the field of marine
science. We will look for ways to determine how the sea can yield more food;
how our coastline can be protected from winds and tides; what mineral resources
can be tapped from these depths and how the beaches and shorelines can be
conserved.
We will continue to support programs designed to insure that all of our natural
resources are conserved and that waste and pollution are stopped.
HEALTH AND WELFARE
Our State institutions and agencies in the public health and welfare fields
should be commended for their past work. They must have sustained, and in
many cases, increased support to stay abreast of increasing patient and case
loads.
There are new programs which the State must implement if we are to stay
abreast of the needs and the services which are becoming available through the
assistance of the State and Federal governments. Foremost among these, in
terms of the costs involved, will be the implementation of Title 19 of the Social
Security Act, commonly known as Medic-aid.
The mandatory date for states to implement this program and benefit from
Federal funds which provide hospital and doctor care, home health and nursing
services and medicines for several categories of the indigent, is January 1, 1970.
It is essential that North Carolina implement this program, which has been
recommended in the budget now before you.
MENTAL HEALTH
We need to strengthen our program of mental health care, remembering we
should never lag in our support for those who are not so fortunate so as to be
able to help themselves.
I support programs that will aid mentally retarded children. We should
establish a diagnostic center to pinpoint in infancy the mentally retarded child.
1969] HOUSE JOURNAL 61
I believe one of the most critical problems in the next decade and longer will
be the shortage of trained manpower in the mental health professions.
Of course, the shortage of trained manpower is not limited to the mental
health profession. We must work on programs to increase adequate personnel
in all the health related fields.
CULTURAL AFFAIRS
North Carolina has long been recognized for its cultural achievements and
its concern for the fine arts. We were the first state to finance art purchases, to
support outdoor drama and to appropriate funds for a theater building. We
have a school for the Performing Arts and a fine Symphony Orchestra which
brings good music to thousands of children and adults throughout the State each
year.
To enhance our cultural development I feel the State should lend encourage-
ment and, where possible, assistance to cultural programs on the local level.
More historic sites need to be restored and preserved. Heritage and tradition
are important to a people and it will mean even more to us in the future.
PARKS AND RECREATION
In the last third of this century, we will find more people earning more money.
They will have greater mobility and more leisure time. Experts have predicted
that the wise utilization of leisure time will be one of the great challenges of the
future.
This we must continue to provide for adequate recreational programs and
areas, and to gradually expand our park system after thorough feasibility
studies.
In this regard, I feel the citizens of North Carolina are justified in their in-
terest in a major zoological park as a recreation, education, research and con-
servation facility.
I would like to see North Carolina develop a state zoo, and I recommend
that you give careful consideration to the necessary enabling legislation to get
it started.
LIABILITY INSURANCE RATES
For some time, I have been concerned about the cost of automobile insurance
rates, delays in settling claims and the litigation time and costs involved. Many
other of our citizens share this concern. I think something can be done about
liability insurance and its cost, and I believe it is possible for North Carolina to
lead the way in seeking ways to halt spiraling rates.
This complex problem involves not only rising prices of automobiles and
automobile parts, but our accident rate, the cost of settling claims and the
amount of litigation required.
I urge the General Assembly to appoint a blue ribbon commission to study
this entire area and the problems that contribute to it, and to make recom-
62 HOUSE JOURNAL [Session
mendations as to what action is needed to make our highways safer and in-
surance costs lower.
SENIOR CITIZENS
Our senior citizens are valuable assets. They have given of their talents to
help North Carolina grow and prosper. Many have much yet to offer in terms
of experience and knowledge.
Our citizens over 65 years should be granted some tax relief so they can live
more comfortably in retirement. Too many are hard pressed financially to
make ends meet on a fixed income with ever increasing living costs.
In my budget message, I will present a tax rebate plan for your consideration.
It will be a significant gesture of the State's compassion for its senior citizens.
Because of the limitations of your time, I have not touched on all the matters
that will be the concern of my administration. Indeed, I have not gone into
great detail about the programs I have proposed.
Whenever it seems appropriate, therefore, I will relay to you additional pro-
posals for your consideration during this Session. I will express my views from
time to time on matters that come before this distinguished body that affect
our State and our people.
Mr. President, Mr. Speaker, my program is geared to developing the good
life for all North Carolinians. It is designed to carry out the four broad goals
stated in my inaugural address on January 3.
I believe it is a sound, sensible program. Moreover, it will bring greater
dividends in the future to all of us.
During this Session of the General Assembly, we must plan to provide the
essentials of a good life. Indeed, a realistic plan for the future can be the start
of a better life — a powerful thrust forward on the endless road of progress.
The progress we make depends on our working together — carefully and
creatively — to build a sturdy and constructive program to strengthen North
Carolina and her people.
Let the result of our labors give true meaning and purpose to our noble motto:
'Esse Quam Videri'."
After the Governor's address, on motion of Senator McGeachy, the Joint
Assembly dissolves. The Senate repairs to its Chambers and the House resumes
consideration of its business.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Falls, Jones of Rutherford, and Mauney:
H. J. R. 21, a joint resolution honoring the memory of an active and gracious
lady, Mrs. O. Max Gardner.
1969] HOUSE JOURNAL 63
On motion of Representative Falls the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF AN ACTIVE
AND GRACIOUS LADY, MRS. O. MAX GARDNER.
WHEREAS, Fay Lamar Webb was born in Shelby on September 7, 1885,
and died on January 16, 1969, after a lifetime of devotion and inspiration to her
husband, the late Governor 0. Max Gardner and family; dedicated service to
her community; to her State and to her nation; and
WHEREAS, in the death of "Miss Fay" the State has suffered the loss of a
gracious and active former First Lady who served this State well not only as
helpmate to her husband, but because, in the words of the then First Lady of
North Carolina, Mrs. Luther Hodges, "of the kind of life you have lived. You
have been cheerful amidst adversity, you have been courageous when others
were cowering, you have been beautiful when others were careless"; and
WHEREAS, Mrs. O. Max Gardner, as First Lady, contributed to the beauti-
fication of the Executive Mansion when upon exploring the attic of the Executive
Mansion, she rediscovered many antiques, restored them and used them in the
Mansion; established a Library of North Carolina Authors in the Executive
Mansion, and as she said "a thousand dollars at the time" secured an appro-
priation of $10,000 to acquire linens, china and furnishings to further beautify
the Executive Mansion. Unable to acquire a silver service, she used her in-
genuity in borrowing from relatives and friends; and
WHEREAS, her social functions in the Executive Mansion were always a
delight since as a woman of rare charm and exquisite presence she was the perfect
hostess whether the gathering was for one or for a few hundred; and
WHEREAS, upon moving to the Nation's Capitol as wife of the Assistant
Secretary of the Treasury, she was known by society as one of the loveliest of
ladies — a perfect hostess; and
WHEREAS, after her husband's sudden death, Mrs. O. Max Gardner dis-
tinguished herself as the owner and manager of business property, as a member
of the Board of Trustees of Gardner- Webb College and the Board of North
Carolina Orthopedic Hospital, the Tryon Palace Commission, the North Caro-
lina Library and Historical Society, the North Carolina Art Society, the North
Carolina Society for the Preservation of Antiquities, the North Carolina
Symphony and many other public service boards and commissions; and
WHEREAS, she was a State Democratic Committeewoman and attended
two national Democratic Conventions; and
WHEREAS, some of the tokens of the high regard with which she was held
within her own right were the receipt of an Honorary Degree of Humanity from
the University of North Carolina at Greensboro, and a dinner honoring her
for her achievements in Washington, D. C, on November 19, 1959, attended
64 HOUSE JOURNAL [Session
by North Carolina notables in national and state politics as well as by others
of national prominence:
NOW THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That in the death of Mrs. O. Max Gardner the State of North
Carolina has truly suffered the loss of an active and gracious lady.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the Senate and the House of Representatives and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transferred.
Sec. 3. This Resolution shall become effective upon its adoption.
By Representative Gregory:
H. B. 22, a bill to be entitled an act to improve and provide public schools of
a higher standard for the residents of Scotland Neck in Halifax County, to
establish the Scotland City Administrative Unit, to provide for the admini-
stration of the public schools in said administrative unit to levy a special tax
for the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election.
Referred to Committee on Education.
By Representative Lilley:
H. B. 23, a bill to be entitled an act authorizing the Board of Education of
Greene County to convey property to the Board of Commissioners of Greene
County.
Referred to Committee on Education.
By Representative Roberson:
H. B. 24, a bill to be entitled an act to extend the immunity for reporting
cancer to employees of physicians, pathologists, hospitals and other medical
facilities.
Referred to Committee on Judiciary No. 1.
By Representatives Soles and Williamson:
H. B. 25, a bill to be entitled an act to fill the vacancy on the Columbus
County Board of Education and to appoint a member to said Board.
Referred to Committee on Education.
By Representative Strickland:
H. B. 26, a bill to be entitled an act to amend Article 4 of Chapter 165 of the
General Statutes so as to authorize scholarships for children of war veterans
to be awarded for private educational institutions as well as State institutions.
Referred to Committee on Education.
1969] HOUSE JOURNAL 65
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the appointment of the following com-
mittees:
CONSTITUTIONAL AMENDMENTS: Representative Andrews, Chair-
man; Representatives Martin and Strickland, Vice-Chairmen; Representatives
Beard, Billings, Boshamer, Britt, Clark, Godwin of Gates, Mayfield, McDaniel,
Penny of Durham, Rhyne, Ridenour, Rose, Soles, Stevens, Taylor of Wake,
and Warlick.
EDUCATION: Representative Tart, Chairman; Representatives Beatty
and Roberson, Vice-Chairmen; Representatives Auman, Beam, Billings, Boger,
Boshamer, Chase, Covington, Everett, Fenner, Frye, Haynes, Johnson of
Cabarrus, McMillan of Robeson, Moore, Paschall, Payne, Penny of Durham,
Ramsey of Madison, Rose, Royall, Speed, Warlick, and Watkins.
HIGHER EDUCATION: Representative Leatherman, Chairman; Repre-
sentatives Church and Stanford, Vice-Chairmen; Representatives Andrews,
Campbell of Mecklenburg, Carson, Coble, Godwin of Gates, Harkins, Hols-
houser, McDaniel, Messer, Penton, Phillips, Rountree, Snead, Stevens, Taylor
of Wake, Tolbert, Twiggs, and Vogler.
LOCAL GOVERNMENT: Representative Ramsey of Madison, Chairman;
Representative Fenner, Vice-Chairman — Local Legislation; Representative
Harkins, Vice-Chairman — General Legislation; Representatives Bumgardner,
Carson, Harris, Hege, Hofler, Johnson of Cabarrus, Jones of Mecklenburg,
Jones of Rutherford, Love, Martin, Mauney, McKnight, McMichael, Mitchell,
Reid, Short, Tolbert, Vogler, Watkins and Wills.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 8. A Joint Resolution authorizing an official delegation to represent
the General Assembly at the funeral of the Honorable T. Clarence Stone.
S. J. R. 10. A Joint Resolution congratulating the Greensboro, North
Carolina Jaycees.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock noon.
EIGHTH DAY
House of Representatives
Thursday, January 23, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
66 HOUSE JOURNAL [Session
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
An indefinite leave of absence is granted Representatives Barr and Watkins
due to illness.
A leave of absence is granted Representative Godwin of Craven for tomorrow.
A leave of absence is granted Representative Ramsey of Person for today.
A leave of absence is granted Representative Garner for tomorrow.
On motion of the Delegation from Wake, the courtesies of the floor are ex-
tended to the Honorable William T. Hatch, a former member of the House
from Wake County.
Mr. Speaker Vaughn extends the courtesies of the floor to Mrs. J. Wilbur
Bunn and Mrs. Thomas D. Bunn.
On motion of the Delegation from Wake, the courtesies of the floor are ex-
tended to the Honorable James C. Little, a former member of the House from
Wake County.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Taylor of Wake, Johnson of Wake, McMillan of Wake
and Twiggs:
H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur
Bunn, former member of the General Assembly.
On motion of Representative Taylor of Wake, the rules are suspended and
the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
J. WILBUR BUNN, FORMER MEMBER OF THE GENERAL ASSEM-
BLY.
WHEREAS, J. Wilbur Bunn died on January 11, 1969; and
WHEREAS, he was born in Wake County, North Carolina, on the 24th day
of March, 1883, and received his education in the Wake County Schools and
Wake Forest College, where he received an LL.B. degree in 1907; and
WHEREAS, in the death of J. Wilbur Bunn the State has lost a highly cap-
able attorney who devoted his time, energy and talents to the betterment of the
1969] HOUSE JOURNAL 67
State, serving in the House of Representatives in 1913 and in the North Caro-
lina Senate in 1917; as President of the North Carolina Prison Board from 1929
through 1933; member of the North Carolina Board of Conservation and
Development from 1941 through 1949; and
WHEREAS, J. Wilbur Bunn, in addition to his service to the State, he
actively participated in the life of his community, he was a founder of Hayes
Barton Baptist Church and served as a Life Deacon; was one of the organizers of
the Raleigh Civitan Club and served as President 1923-1924; as President of the
Raleigh Chamber of Commerce; as President of the Wake County Bar Associ-
ation; and, whereas, in addition to his public service, J. Wilbur Bunn was a
devoted family man with the highest degree of integrity and dealt with kind-
ness and courtesy to all who knew him in his public and personal life, as well as
his social and political life; and
WHEREAS, the General Assembly desires to honor the memory of J. Wilbur
Bunn and express its sympathy to the surviving members of his family.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE-
SENTATIVES, THE SENATE CONCURRING:
Section 1. That the General Assembly recognizes and expresses its appreci-
ation for the public service rendered by J. Wilbur Bunn which has contributed
to the betterment of the State of North Carolina.
Sec. 2. That this Resolution shall become a part of the public records of the
1969 Session of the General Assembly of North Carolina, and the Secretary of
State shall cause a certified copy to be transmitted to Mrs. J. Wilbur Bunn.
Sec. 3. That this Resolution shall become effective upon its adoption."
By Representatives Boger and Tolbert:
H. J. R. 28, a joint resolution honoring the Statesville Senior High School
Band.
On motion of Representative Boger, the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE STATESVILLE SENIOR
HIGH SCHOOL BAND.
WHEREAS, the Statesville Senior High School Band consisting of approxi-
mately 168 members and directed by Mr. James Calabrese is well known in the
State of North Carolina and enjoys a fine reputation for its showmanship and
musical ability; and
WHEREAS, the Band was recently honored by the request that it participate
in the Presidential Inaugural Parade in Washington, D. C; and
WHEREAS, it is altogether fitting and proper that the General Assembly of
North Carolina pay tribute to this fine Band and its Director;
68 HOUSE JOURNAL [Session
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE-
SENTATIVES, THE SENATE CONCURRING:
Section 1. That in the Director and members of the Statesville Senior High
School Band, North Carolina and Statesville have a group of which they are
genuinely proud and which the General Assembly honors by this Resolution.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the House of Representatives and the Senate and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
Statesville Senior High School Band.
Sec. 3. This Resolution shall become effective upon its adoption."
By Representative Jones of Rutherford:
H. B. 29, a bill to be entitled an act to amend General Statutes 50-10 so as to
permit non-jury trials of divorce actions when service is by publication.
Referred to Committee on Judiciary No. 2.
By Representatives DeBruhl, Harkins, Stevens and Beam:
H. B. 30, a bill to be entitled an act to amend Chapter 105 of the General
Statutes, relating to income tax, so as to exclude from gross income certain
local law enforcement officers' retirement benefits.
Referred to Committee on Finance.
By Representatives Paschall and Campbell of Wilson:
H. B. 31, a bill to be entitled an act relating to the receipt of unordered
merchandise so as to provide that the recipient thereof is not liable for the pay-
ment thereof.
Referred to Committee on Judiciary No. 1.
By Representative Carson:
H. B. 32, a bill to be entitled an act to modify the motor vehicle restrictions
pertaining to passing at railroad intersections.
Referred to Committee on Judiciary No. 1.
By Representative Mohn:
H. B. 33, a bill to be entitled an act to amend Chapter 20, Article 2, of the
General Statutes of North Carolina by adding thereto new subsections desig-
nated General Statutes 20-17 (9) and General Statutes 20-19 (h) increasing
the penalty for excessive speed to avoid apprehension by a peace officer.
Referred to Committee on Highway Safety.
By Representatives Jernigan and Martin:
H. B. 34, a bill to be entitled an act to appropriate funds for historic preser-
vation in the town of Murfreesboro.
Referred to Committee on Appropriations.
By Representatives Mohn, Ragsdale and Moore:
1969] HOUSE JOURNAL 69
H. B. 35, a bill to be entitled an act to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members of
the Board of Education of Onslow County.
Referred to Committee on Local Government.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committees:
AGRICULTURE: Representative Speed, Chairman; Representatives
Everett, Falls and McFadyen, Vice-Chairmen, • Representatives Auman, Barbee,
Barker, Beard, Bostian, Burrus, Chase, Covington, Culpepper, Eagles, Gentry,
Johnson of Duplin, Lilley, Moore, Payne, Roberson, Stanford, Tart, Taylor
of Wake, Tolbert, Troxell, Whitley and Williamson.
BANKS AND BANKING: Representative Eagles, Chairman; Repre-
sentatives Gentry, Hofler, and Paschall, Vice-Chairmen; Representatives
Barker, Blake, Church, Clark, Covington, DeBruhl, Frye, Green, Gregory,
Godwin of Craven, Holshouser, Mayfield, Mills, Ridenour, Roberson, Stevens,
Stewart, Warlick and Wills.
INSURANCE: Representative Ramsey of Person, Chairman; Repre-
sentatives Collins and Ragsdale, Vice-Chairmen; Representatives Beam,
Boshamer, Carter, Euliss, Harkins, Jones of Mecklenburg, Kincaid, McFadyen,
McKnight, McMichael, Mitchell, Reid, Rhyne, Rose, Short, Snyder, Soles,
and Taylor of Transylvania.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
NINTH DAY
House op Representatives
Friday, January 24, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
As requested by Mr. Speaker Vaughn, the name of Representative Roberson
is withdrawn from the Committee on Appropriations and placed on the Com-
mittee on Finance.
introduction of bills and resolutions
Bills and resolutions are introduced, read the first time, and disposed of
as follows:
70 HOUSE JOURNAL [Session
By Representative Stewart:
H. B. 36, a bill to be entitled an act to amend the Charter of the city of
Mount Holly so as to create a city council consisting of five members.
Referred to Committee on Local Government.
By Representative Carson:
H. B. 37, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to set forth the fiduciary duties of presidential electors and to
provide that a violation of such trust shall be a felony.
Referred to Committee on Election Laws.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committee appointments:
ROADS: Representative Mills, Chairman; Representatives Bumgardner,
Culpepper, Gentry and Jernigan, Vice-Chairmen; Representatives Barker,
Barr, Billings, Blake, Bradley, Burrus, DeBruhl, Falls, Fenner, Garner, Green,
Hicks, Lilley, Mohn, Payne, Ramsey of Madison, Rose, Royall, Speed and
Vogler.
MANUFACTURERS AND LABOR: Representative Messer, Chairman;
Representatives Jones of Mecklenburg, Twiggs and Royall, Vice-Chairmen;
Representatives Beatty, Clark, DeBruhl, Hege, Hicks, Jemison, Johnson of
Duplin, Mauney, Mayfield, McKnight, Penny of Durham, Quinn, Snyder,
Speed, Speros and Wills.
CONSERVATION AND DEVELOPMENT: Representative Jernigan,
Chairman; Representatives Beatty, Burrus, Bryan and Roberson, Vice-Chair-
men; Representatives Auman, Barker, Barr, Coble, Culpepper, Garner, Green,
Gregory, Everett, Hege, Jones of Rutherford, Kincaid, Lilley, Love, Mauney,
McKnight, McMillan of Wake, Mills, Moore, Paschall, Rose, Snead, Speros,
Stevens, Whitley and Wills.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
TENTH DAY
House of Representatives
Saturday, January 25, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative McMillan of Wake, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
Prayer is offered by Mr. Hal Pope, member of the Sergeant-at-Arms staff.
1969] HOUSE JOURNAL 71
Representative Taylor of Wake, for the Committee on the Rules and Op-
eration of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Taylor of Wake, duly seconded, the House
adjourns to meet Monday night at 8:00 o'clock P.M.
ELEVENTH DAY
House of representatives
Monday Night, January 27, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Soles, the courtesies of the floor are extended
the Honorable John W. Jeannette, a member of the General Assembly of
South Carolina.
On motion of Representative Love, the courtesies of the floor are extended
to the Honorable J. C. Pittman of Lee County, former Judge of the Superior
Court.
On motion of the Guilford Delegation, the courtesies of the floor are extended
to Judge James C. Exum, Jr., of the Superior Court, a former member of the
House from Guilford County.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Baugh:
H. R. 38, a House resolution referring a study on consolidation of counties
to the House subcommittee on Personnel and Long-Range Planning.
On motion of Representative Baugh the resolution is adopted.
"A HOUSE RESOLUTION REFERRING A STUDY ON CONSOLIDATION
OF COUNTIES TO THE HOUSE SUBCOMMITTEE ON PERSONNEL
AND LONG-RANGE PLANNING.
WHEREAS, there is a great need to undertake a study of possible long-range
plans in consolidating present counties of the State or in creating new, larger
counties; and
72 HOUSE JOURNAL [Session
WHEREAS, such consolidation would appear to be necessary for more
efficient and less expensive government on the county level; and
WHEREAS, the House subcommittee on Personnel and Long-Range Plan-
ning could properly undertake such a study;
NOW, THEREFORE, be it resolved by the House:
Section 1. That the House subcommittee on Personnel and Long-Range
Planning be directed to undertake a study of the feasibility of consolidating
counties or creating new counties, the effect of such consolidation on local
government, and any and all aspects of county government which might be
affected by such consolidation.
Sec. 2 (a) The subcommittee may hold meetings and hearings at such times
and places as it deems convenient.
(b) Upon request of the subcommittee, every State department or agency
and every county or local government shall provide the subcommittee with
any information in its possession that the subcommittee deems pertinent to
its inquiry.
Sec. 3 (a) If members of the subcommittee are not otherwise being compen-
sated, they shall receive reimbursement for travel and subsistence expenses
actually incurred in the performance of their duties at the rate specified in
General Statutes Sec. 138-5 (b).
(b) If compensated pursuant to the provisions of General Statutes Sec.
138-5 (b), the expenses shall be paid from the contingency and emergency fund
pursuant to the procedure prescribed in General Statutes Sec. 143-12.
Sec. 4. This Resolution shall become effective upon and after its adoption."
By Representative Campbell of Wilson:
H. J. R. 39, a joint resolution honoring the memory of a distinguished servant
of the people of North Carolina, Dr. Fredrick P. Brooks.
On motion of Representative Campbell of Wilson, the rules are suspended
and the resolution is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF A DISTIN-
GUISHED SERVANT OF THE PEOPLE OF NORTH CAROLINA, DR.
FREDRICK P. BROOKS.
WHEREAS, Fredrick P. Brooks of Greenville, who was a native of Kinston,
North Carolina, has practiced the art and science of medicine in the City of
Greenville for the past 35 years in a most dedicated manner; and
WHEREAS, he was a former member of the medical faculty of the University
of North Carolina; and
WHEREAS, Dr. Fredrick P. Brooks is survived by a lovely wife and dis-
tinguished family; and
1969] HOUSE JOURNAL 73
WHEREAS, he was the father of the Honorable John C. Brooks, the first
and present administrative officer of this 1969 General Assembly:
NOW, THEREFORE, be it resolved by the House, the Senate concurring:
That in the death of Dr. Fredrick P. Brooks, the State of North Carolina
has sustained the loss of an outstanding citizen and physician, and that a copy
of this Resolution be spread upon the minutes of both the Senate and House
of Representatives, and that a copy of this Resolution be duly certified by the
Secretary of State and transmitted by him to the family of Dr. Fredrick P.
Brooks, and that this Resolution shall become effective upon its adoption."
By Representatives Messer and Ramsey of Madison:
H. B. 40, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the same
applicable to Haywood County.
Referred to Committee on Local Government.
By Representatives Carter, Rose and Raynor:
H. B. 41, a bill to be entitled an act to amend Chapter 9 of the General
Statutes so as to permit persons sixty-five years of age or over to be excused
from jury duty.
Referred to Committee on Courts and Judicial Districts.
By Representative Carson:
H. B. 42, a bill to be entitled an act to amend the waiver of a jury in actions
for absolute divorce based on one year separation.
Referred to Committee on Judiciary No. 2.
By Representative Stewart:
H. B. 43, a bill to be entitled an act repealing Chapter 5 of the 1965 Session
Laws and amending a portion of Section 1 of Chapter 34 of the 1953 Session
Laws of North Carolina to revise and establish ward boundary lines of the City
of Gastonia.
Referred to Committee on Local Government.
By Representatives Kincaid, Fulton and Bostian:
H. B. 44, a bill to be entitled an act to amend the Charter of the City of
Lenoir, Chapter 487 of the Session Laws of 1967, to fix the organization meeting
of the City Council.
Referred to Committee on Local Government.
By Representative Beatty:
H. B. 45, a bill to be entitled an act to amend Article VI of the Constitution
of North Carolina so as to reduce the time of residence of voters to six months.
Referred to Committee on Constitutional Amendments.
By Representatives Speros, Quinn, Auman, Baugh, Beam, Beatty, Boshamer,
74 HOUSE JOURNAL [Session
Bumgardner, Campbell of Robeson, Carter, Chase, Church, Covington, Cul-
pepper, Debruhl, Fenner, Frye, Godwin of Craven, Godwin of Gates, Harkins,
Harris, Jones of Mecklenburg, Jones of Rutherford, Martin, McFadyen,
McMichael, McMillan of Robeson, Penny of Harnett, Penton, Ramsey of
Madison, Raynor, Reid, Rose, Royall, Snead, Speed, Stevens, Strickland,
Tart, Taylor of Wake, Williamson and Clark:
H. B. 46, a bill to be entitled an act to provide that residents of this State
over 65 years of age may secure fishing licenses without the payment of any
license fees.
Referred to Committee on Wildlife Resources.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committee appointments:
HEALTH: Representative Chase, Chairman; Representatives Barbee,
McMillan of Wake, Raynor and Royall, Vice-Chairmen; Representatives
Barker, Beam, Blake, Bostian, Bryan, Bumgardner, Campbell of Wilson,
Covington, Elliott, Euliss, Falls, Fulton, Godwin of Craven, Gregory, Haynes,
Hege, Hicks, Jemison, Johnson of Duplin, Mills, Mitchell, Phillips, Quinn and
Stanford.
HIGHWAY SAFETY: Representative Paschall, Chairman; Representatives
Auman, Euliss, McMillan of Robeson and Ragsdale, Vice-Chairmen; Repre-
sentatives Boger, Bumgardner, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Eagles, Falls, Fenner, Harris, Haynes, Horton, Jernigan,
Johnson of Wake, Jones of Mecklenburg, Leatherman, McKnight, McMillan
of Wake, Mohn, Penny of Harnett, Ramsey of Person, Short, Snyder, Strickland,
Tolbert, Twiggs, Warlick and Whitley.
PUBLIC WELFARE: Representative Green, Chairman; Representatives
Love, Phillips, Raynor and Stanford, Vice-Chairmen; Representatives Barr,
Baugh, Bostian, Bradley, Britt, Campbell of Robeson, Campbell of Wilson,
Chase, Clark, Collins, Frye, Fulton, Gentry, Harris, Jemison, Messer, Mitchell,
Mohn, Penny of Harnett, Rhyne, Ridenour, Tart, Taylor of Transylvania,
Troxell, Whitley and Williamson.
On motion of Representative Barbee, duly seconded, the House adjourns to
meet tomorrow at 12 o'clock Noon.
TWELFTH DAY
House of Representatives
Tuesday, January 28, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
1969] HOUSE JOURNAL 75
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Monday night has been exam-
ined, found correct, and without objection the same stands approved as written.
Representative Martin moves that the vote by which H. R. 38, entitled
"a House resolution referring a study on consolidation of counties to the House
Subcommittee on Personnel and Long-Range Planning.", was adopted be re-
considered. The motion fails of adoption.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place
on the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 24, a bill to be entitled an act to extend the immunity for reporting
cancer to employees of physicians, pathologists, hospitals and other medical
facilities.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Rountree, Britt, Bryan, Bumgardner, Burrus, Campbell
of Wilson, Carter, Chase, Church, Clark, Collins, Covington, Culpepper,
DeBruhl, Everett, Falls, Fenner, Johnson of Duplin, Jones of Rutherford,
Love, McFadyen, Messer, Mohn, Paschall, Penny of Durham, Phillips, Rose,
Royall, Stevens, Strickland, Tart and Moore:
H. B. 47, a bill to be entitled an act pertaining to the labeling of alcoholic
beverages sold in North Carolina.
Referred to Committee on Alcoholic Beverage Control.
By Representative Jones of Mecklenburg:
H. B. 48, a bill to be entitled an act to provide for uniform annual observances
of certain legal public holidays on Mondays.
Referred to Committee on State Government.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following committee appointments:
MENTAL HEALTH: Representative Raynor, Chairman; Representatives
Chase, Culpepper, McFadyen and Penny of Durham, Vice Chairmen; Repre-
sentatives Andrews, Barker, Barr, Beard, Beatty, Blake, Burrus, Campbell of
76 HOUSE JOURNAL [Session
Wilson, Coble, Elliott, Fulton, Garner, Hofler, Jones of Rutherford, Messer,
Penton, Reid, Stewart, Troxell and Watkins.
STATE GOVERNMENT: Representative Vogler, Chairman; Repre-
sentatives Britt, Church, Leatherman and Phillips, Vice Chairmen; Representa-
tives Baugh, Boger, Bradley, Campbell of Robeson, Godwin of Craven, Hicks,
Horton, Jemison, Jones of Rutherford, Kincaid, Lilley, McDaniel, Mitchell,
Penny of Harnett, Penton, Quinn, Ragsdale, Raynor, Rhyne, Snead, Stevens,
Stewart, Troxell and Williamson.
STATE PERSONNEL: Representative Britt, Chairman; Representatives
Eagles, Everett, Godwin of Craven and Martin, Vice Chairmen; Represen-
tatives Boger, Bostian, Bradley, Campbell of Mecklenburg, Carter, Church,
Collins, Haynes, Hicks, Horton, Jernigan, Johnson of Duplin, Kincaid, May-
field, Payne, Phillips, Ragsdale, Reid, Rhyne, Snead, Soles, Speros, Tart,
Taylor of Wake and Williamson.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State :
S. J. R. 11, a Joint Resolution honoring the memory of an active and gracious
lady, Mrs. 0. Max Gardner.
H. J. R. 16, a Joint Resolution recognizing the East Rutherford High School
Band.
H. J. R. 2, a Joint Resolution honoring Mrs. John B. Spilman, Sr., for her
outstanding service as Executive Director of the North Carolina Mental
Health Association.
H. J. R. 27, a Joint Resolution honoring the life and memory of J. Wilbur
Bunn, former member of the General Assembly.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
THIRTEENTH DAY
House of Representatives
Wednesday, January 29, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by Representative Troxell.
Representative Ramsey of Madison, for the Committee on the Rules and
1969] HOUSE JOURNAL 77
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Messer for today, Thursday,
and Friday.
A leave of absence is granted Representative Ragsdale for tomorrow.
INTRODUCTION OP BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Ramsey of Madison, and Messer:
H. B. 49, a bill to be entitled an act to authorize county boards of elections
to conduct a new registration of voters during the year 1969 pursuant to in-
stalling loose-leaf registration as required by General Statutes 163-65.
Referred to Committee on Election Laws.
By Representatives Falls, Jernigan, Fenner, Harkins, Johnson of Duplin
and Johnson of Wake:
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
Referred to Committee on Local Government.
By Representatives Falls, Andrews, Fenner, Harkins, Jernigan, Johnson
of Duplin, and Johnson of Wake:
H. B. 51, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the registers of deeds throughout North Carolina.
Referred to Committee on Local Government.
By Representatives Jernigan, Fenner, Johnson of Duplin, Harkins, Falls,
and Johnson of Wake:
H. B. 52, a bill to be entitled an act to allow the governing bodies of the
several cities and towns of the State to fix their own compensation.
Referred to Committee on Local Government.
By Representatives Johnson of Wake, Falls, Fenner, Harkins, Jernigan,
Johnson of Duplin, Phillips and Short:
H. B. 53, a bill to be entitled an act authorizing the qualified voters of the
several cities and towns of the State to amend their corporate charters con-
cerning the mode of selection of the governing board.
Referred to Committee on Local Government.
By Representatives Johnson of Wake, Falls, Fenner, Harkins, Jernigan, and
Johnson of Duplin:
H. B. 54, a bill to be entitled an act authorizing the Board of Commissioners
of any county to modify the composition and mode of election of the board.
Referred to Committee on Local Government.
78 HOUSE JOURNAL [Session
By Representatives Harkins, Falls, Fenner, Jernigan, Johnson of Duplin,
and Johnson of Wake:
H. B. 55, a bill to be entitled an act removing county exemptions from certain
General Statutes.
Referred to Committee on Local Government.
By Representatives Bryan, Raynor, Carter, and Rose:
H. B. 56, a bill to be entitled an act to make the eight year statute of limi-
tations on Ad Valorem Tax Refunds contained in General Statutes 105-405.1
applicable in Cumberland County and Fayetteville by repealing Chapter 676
of the Session Laws of 1959.
Referred to Committee on Local Government.
By Representatives Fenner, Harkins, Johnson of Wake, Jernigan, Falls,
and Johnson of Duplin:
H. B. 57, a bill to be entitled an act granting ordinance-making authority
to counties.
Referred to Committee on Local Government.
By Representatives McMillan of Robeson, Stewart, Reid, McFayden,
Rountree, Chase, and Jones of Rutherford:
H. B. 58, a bill to be entitled an act to amend General Statutes 24-10 relating
to 7% interest on residential loans so as to permit 7% interest on certain church
building and improvement loans.
Referred to Committee on Banks and Banking.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 24, a bill to be entitled an act to extend the immunity for reporting
cancer to employees of physicians, pathologists, hospitals and other medical
facilities.
Representative Bryan offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
FOURTEENTH DAY
House of Representatives
Thursday, January 30, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
1969] HOUSE JOURNAL 79
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Ridenour, the courtesies of the floor are ex-
tended to the Honorable P. M. Sawyer, a former member of the House from
Forsyth County.
On motion of Representative DeBruhl, the courtesies of the floor are extended
to the Honorable Bruce Elmore, a former member of the House from Swain
County.
On motion of Representatives Williamson and Soles, the courtesies of the
floor are extended to the Honorable Clinton Bellamy, former Recorder Court
Judge from Brunswick County.
A leave of absence is granted Representative Barr for today.
A leave of absence is granted Representative Stanford for tomorrow.
A leave of absence is granted Representative Wills for today, Friday and
Monday night.
Mr. Speaker Vaughn recognizes Representative Mauney who presents
Mr. Van H. Ramsey of Shelby. Mr. Ramsey introduces a group of young
ladies from the First Baptist Church in Shelby who give a program in song.
As requested by Mr. Speaker Vaughn, the following changes are made in
the Committee assignments:
Add Campbell of Robeson to Education
Add Church to Conservation and Development
Make Short Vice-Chairman of Insurance
Make Falls Vice-Chairman of Public Utilities
Make Messer Vice-Chairman of Higher Education
Make Godwin of Craven Vice-Chairman of Banks and Banking
Make Auman Vice-Chairman of Alcoholic Beverage Control
Make Hicks Vice-Chairman of Manufacturers and Labor
Make McMichael Vice-Chairman of Insurance
Make Mills Vice-Chairman of Rules and Operation of the House
Make Penny of Durham Vice-Chairman of Constitutional Amendments
Make Stewart Vice Chairman of Judiciary No. 2
Make Vogler Vice Chairman of Finance
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
80 HOUSE JOURNAL [Session
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 32, a bill to be entitled an act to modify the motor vehicle restrictions
pertaining to passing at railroad intersections.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 14, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative
Unit.
With a favorable report.
H. B. 36, a bill to be entitled an act to amend the Charter of the City of
Mount Holly so as to create a city council consisting of five members.
With a favorable report.
H. B. 40, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the
same applicable to Haywood County.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of
as follows:
By Representatives Clark and Mills:
H. B. 59, a bill to be entitled an act to appropriate funds to the State Depart-
ment of Agriculture for the purchase of equipment for a poultry disease diag-
nostic laboratory in connection with the Union County Governmental Building
at Monroe.
Referred to Committee on Appropriations.
By Representatives Jones of Mecklenburg, Royall, Vogler, Rountree, Stan-
ford, Reid, McKnight, Hofler and Chase:
H. B. 60, a bill to be entitled an act to authorize and make uniform the
procedure making a gift of all or part of a human body after death for specified
purposes.
Referred to Committee on Judiciary No. 2.
By Representative Rhyne:
H. B. 61, a bill to be entitled an act to amend Article 1 of Chapter 87 of the
General Statutes so as to increase from $20,000.00 to $35,000.00 the cost of
an undertaking which will require a contractor to have a general contractor's
license.
1969] HOUSE JOURNAL 81
Referred to Committee on Judiciary No. 1.
By Representative McKnight:
H. B. 62, a bill to be entitled an act to amend Article 12A of Chapter 143
of the General Statutes relating to the death benefits for law enforcement
officers.
Referred to Committee on Insurance.
By Representative Covington:
H. B. 63, a bill to be entitled an act to amend Chapter 199, Session Laws
of 1965, to allocate the profits earned by the City of Rockingham Board of
Alcoholic Control and to provide for the appointment of members to the
Board.
Referred to Committee on Local Government.
By Representative Paschall:
H. B. 64, a bill to be entitled an act to amend General Statutes 143-117
relating to payment of costs by patients at certain state institutions so as to
include the North Carolina Sanatorium System.
Referred to Committee on State Government.
By Representatives Strickland, Chase, Culpepper, Royall, Everett, Baugh
and Bryan:
H. B. 65, a bill to be entitled an act to amend General Statutes 105-116 and
General Statutes 105-120 to revise the allocation formula for franchise taxes.
Referred to Committee on Finance.
By Representatives Carson, Johnson of Cabarrus, Coble and Holshouser:
H. B. 66, a bill to be entitled an act to set forth the offense of assault with a
deadly weapon upon a law enforcement officer or fireman and provide for
punishment for violation thereof.
Referred to Committee on Judiciary No. 1.
By Representatives Beatty, Short, Blake, Ridenour, Lilley, Frye, Mitchell,
Britt, Clark, Speros, Love, Carson, Mayfield, Harkins, Johnson of Cabarrus,
McMillan of Wake, Twiggs, Raynor, Jones of Rutherford, Collins, Strickland,
Stevens, Haynes and Stanford:
H. B. 67, a bill to be entitled an act to amend Article VI of the Constitution
of North Carolina so as to lower the minimum voting age to 18.
Referred to Committee on Constitutional Amendments.
By Representative Stewart:
H. B. 68, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to provide for absentee voting in statewide primary elections.
Referred to Committee on Election Laws.
By Representative Rhyne:
82 HOUSE JOURNAL [Session
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
Referred to Committee on Judiciary No. 2.
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 51, a joint resolution honoring the life and memory of Wilbur Hoke
Currie, former member of the General Assembly.
Passes first reading.
On motion of Representative Auman the rules are suspended and the bill is
placed on its immediate passage.
Passes its second and third readings and is ordered enrolled.
COMMITTEE ANNOUNCEMENTS
Mr. Speaker Vaughn announces the following committees:
COMMERCIAL FISHERIES AND OYSTER INDUSTRY: Repre-
sentative Williamson, Chairman; Representatives Burrus and Johnson of
Duplin, Vice-Chairmen; Representatives Boshamer, Bradley, Bryan, Leather-
man, Mayfield, Moore, Penton, Roberson, Snead and Soles.
COMMISSIONS AND INSTITUTIONS FOR THE BLIND AND DEAF:
Representative McMillan of Wake, Chairman; Representatives Andrews,
Elliott, Mauney and Paschall, Vice-Chairmen; Representatives Baugh, Coving-
ton, Harris, Payne, Raynor, Royall, Tolbert and Whitley.
COURTS AND JUDICIAL DISTRICTS: Representative Short, Chair-
man; Representatives Britt, Godwin of Gates, Ramsey of Person and Snyder,
Vice-Chairmen; Representatives Carson, Carter, Harris, Holshouser, Horton,
Johnson of Cabarrus, Jones of Rutherford, Love, Penny of Harnett, Reid,
Rhyne, Ridenour, Rountree and Watkins.
ELECTION LAWS: Representative Gentry, Chairman; Representatives
Euliss, McMichael, Messer and Vogler, Vice-Chairmen; Representatives
Bradley, Campbell of Mecklenburg, Covington, Garner, Hege, Holshouser,
Martin, Rountree and Strickland.
LIBRARY: Representative Auman, Chairman; Representative Strickland,
Vice-Chairman; Representatives Barbee, Blake, Campbell of Wilson, Mc-
Millan of Robeson, Penny of Harnett, Phillips, Ridenour, Stanford, Warlick,
and Wills.
MILITARY AND VETERANS' AFFAIRS: Representative Godwin of
Craven, Chairman; Representative Speed, Vice-Chairman; Representatives
Beam, Beatty, Bostian, Bumgardner, Campbell of Robeson, DeBruhl, Mc-
Daniel, Mitchell, Raynor, Snead, Strickland and Troxell.
1969] HOUSE JOURNAL 83
UNIVERSITY TRUSTEES: Representative Stanford, Chairman; Repre-
sentatives Gregory, Jones of Mecklenburg, Taylor of Wake, and Twiggs, Vice-
Chairmen; Representatives Andrews, Boger, Church, Collins, Haynes, Horton,
Mohn, Penton, Ragsdale, Ramsey of Madison, Soles and Troxell.
WATER AND AIR RESOURCES: Representative Ragsdale, Chairman;
Representatives Barr and Roberson, Vice-Chairmen; Representatives Blake,
Boshamer, Burrus, Bryan, Culpepper, Fulton, Jernigan, Lilley, Mauney,
McFadyen, McMillan of Robeson, McMillan of Wake and Speros.
ENROLLED BILLS
The Enrolling Clerk reports the following Bills and Resolutions properly
enrolled and they are duly ratified and sent to the office of the Secretary of
State:
H. J. R. 28. A joint resolution honoring the Statesville Senoir High School
Band.
H. J. R. 39. A joint resolution honoring the memory of a distinguished
servant of the people of North Carolina, Dr. Fredrick P. Brooks.
On motion of Representative Johnson of Duplin, duiy seconded, the House
adjourns to meet tomorrow at ten o'clock A. M.
FIFTEENTH DAY
House of Representatives
Friday, January 31, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Tart, for the Committee on Education:
H. B. 17, a bill to be entitled an act relating to the election of members of the
Anson County Board of Education so as to decrease the number elected in 1972
from three to two and to increase the number elected in 1974 from one to two.
With a favorable report.
84 HOUSE JOURNAL [Session
H. B. 23, a bill to be entitled an act authorizing the Board of Education of
Greene County to convey property to the Board of Commissioners of Greene
County.
With a favorable report, as amended.
H. B. 25, a bill to be entitled an act to fill the vacancy on the Columbus
County Board of Education and to appoint a member to said Board.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives McMillan of Wake, Johnson of Wake, Taylor of Wake
and Twiggs:
H. J. R. 70, a joint resolution expressing the gratitude of the General As-
sembly to Mrs. Annie E. Cooper for her services to the State.
On motion of Representative McMillan of Wake the rules are suspended and
the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representative McKnight:
H. B. 71, a bill to be entitled an act to amend General Statutes 20-216 con-
cerning passing of horses and other draft animals.
Referred to Committee on Highway Safety.
By Representatives Twiggs and McMillan of Wake:
H. B. 72, a bill to be entitled an act to appropriate funds to the Governor
Morehead School, Raleigh, North Carolina, to provide capital improvements.
Referred to Committee on Appropriations.
By Representatives Ramsey of Person and Leatherman:
H. R. 73, a resolution requesting that the "breatherlizer" be tested simul-
taneously with an actual blood test to determine the correlation between the
actual alcoholic blood content and the reading prescribed by the "breatherlizer",
said test to be conducted before the House Highway Safety Committee.
Referred to Committee on Highway Safety.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
1969] HOUSE JOURNAL 85
S. B. 9, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 14, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
On motion of Representative Kincaid consideration of the bill is postponed
until Friday, February 7, 1969.
H. B. 32, a bill to be entitled an act to modify the motor vehicle restrictions
pertaining to passing at railroad intersections.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 36, a bill to be entitled an act to amend the charter of the city of Mount
Holly so as to create a city council consisting of five members.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 40, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the same
applicable to Haywood County.
Passes its second and third readings and is ordered sent to the Senate.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at ten o'clock A. M.
SIXTEENTH DAY
House op Representatives
Saturday, February 1, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Twiggs, designated by Mr. Speaker Vaughn as Speaker Pro Tempore.
Prayer is offered by Representative Taylor of Wake.
Representative Twiggs, for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
Pursuant to motion adopted on yesterday, the House is declared adjourned
by Mr. Speaker Pro Tempore Twiggs to meet Monday night at 8:00 P.M.
86 HOUSE JOURNAL [Session
SEVENTEENTH DAY
House op Representatives
Monday night, February 3, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Saturday has been examined, found
correct, and without objection the same stands approved as written.
A leave of absence is granted to the following for tonight: Representatives
Boshamer, Covington and Soles.
An indefinite leave of absence is granted Representative Harkins due to
illness.
On motion of Representative Lilley, the courtesies of the floor are extended
to the Honorable I. Joseph Horton, a former member of the House from Greene
County.
As requested by Mr. Speaker Vaughn the following changes are made in
committee assignments:
Remove Representative Messer from Committee on Election Laws.
Add Representative Warlick to Committee on Judiciary No. 1.
Remove Representative Taylor of Wake as Vice-Chairman on the Committee
of University Trustees, but leave as a member of the committee.
Add Representative Andrews as Vice-Chairman on Committee of University
Trustees.
Add Representative Bostian to Committee on University Trustees.
Remove Representative Barker from Committee on Mental Health.
Remove Representative Falls from Committee on Health.
Remove Representative Johnson of Duplin from Committee on State Per-
sonnel.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Watkins, Church, Speed, and Ramsey of Person:
H. J. R. 74, a joint resolution honoring the life and memory of Franklin
Wills Hancock, Jr., former member of the General Assembly of North Carolina
and the United States House of Representatives.
On motion of Representative Watkins the rules are suspended and the bill
is placed on its immediate passage.
1969] HOUSE JOURNAL 87
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
FRANKLIN WILLS HANCOCK, JR., FORMER MEMBER OF THE
GENERAL ASSEMBLY OF NORTH CAROLINA AND THE UNITED
STATES HOUSE OF REPRESENTATIVES.
WHEREAS, Franklin Wills Hancock, Jr., was born in Oxford, North Caro-
lina on November 1, 1894 to Franklin W. Hancock and Lizzie Hobgood Han-
cock; and
WHEREAS, he attended Horner Military Academy and public and private
schools in Oxford and Warrenton, North Carolina and the University of North
Carolina and its Law School at Chapel Hill; and
WHEREAS, he received his law license in 1916 and practiced law in Greens-
boro and Oxford, North Carolina and with the United States Department of
Justice in Cheyenne, Wyoming and served as Judge of the Recorder's Court in
Granville County; and
WHEREAS, he served his party with distinction as chairman of the Demo-
cratic Executive Committee of Granville County and once as a presidential
elector from his congressional district; and
WHEREAS, he served his State as a member of the House of Representatives
in 1929 and 1943 and as a State Senator in 1927, contributing substantially to
the development of the public school system in North Carolina through the
sponsorship and passage of a school bill which still bears his name; and
WHEREAS, he rendered outstanding service to his State and to his country
in the United States Congress as Representative from the then Imperial Fifth
Congressional District, serving continuously in this capacity from 1930 until
1938, distinguishing himself for his sponsorship of legislation establishing the
Federal Home Loan Bank System, the Federal Housing Administration Act,
the Homeowners Loan Corporation, the act insuring bank deposits, the tobacco
grading bill and other far reaching and significantly beneficial legislation; and
WHEREAS, after an unsuccessful bid for the United States Senate in 1938,
he again returned to public duty and responsibilities by serving as a member of
the Federal Home Loan Bank Board in Washington, D. C, relinguishing this
position when war economics consolidated this agency into the single National
Housing Authority in 1942 — such a move being publicly endorsed by him;
by service as President and administrative head of the Commodity Credit
Corporation; as administrator of the Farm Security Administration and as a
special representative of the Reconstruction Finance Corporation and Defense
Plant Corporation; and
WHEREAS, he served for several years as a member of the Board of Trustees
of the Greater University of North Carolina; and
WHEREAS, after a long life of public service he contributed substantially
with time and effort to numerous activities adding to the growth, development
88 HOUSE JOURNAL [Session
and welfare of his town, his State and his nation with significant benefaction
in the area of public health and the promotion of home ownership; and
WHEREAS, in all of his positions of leadership and administration he gave
unstintingly of his time to those who cared to discuss their problems, their views
and press for their requests; and
WHEREAS, he was married to Lucy Landis of Oxford, North Carolina on
May 12, 1917 and this union was blessed with four sons, three daughters,
twenty-five grandchildren and four great-grandchildren; and
WHEREAS, the General Assembly wishes to record its appreciation of the
full and rewarding life and service of Frank Wills Hancock, Jr., to his com-
munity, State and nation, and to express its sympathy to his family;
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring;
Section 1. That in the death of Frank Wills Hancock, Jr., the State of North
Carolina lost one of its most able and conscientious and useful citizens and public
servants.
Sec. 2. That the General Assembly does hereby express its appreciation and
gratitude for the life and career of and contributions made by Frank Wills
Hancock, Jr.
Sec. 3. That the General Assembly extends its sincere sympathy to the
family of Frank Wills Hancock, Jr., in the loss of its distinguished and out-
standing member.
Sec. 4. That this Resolution shall be a part of the public records of this
Session of the General Assembly and that a copy shall be duly certified by the
Secretary of State and transmitted to the family of Frank Wills Hancock, Jr.
Sec. 5. That this Resolution shall become effective upon its adoption."
By Representative Bumgardner:
H. B. 75, a bill to be entitled an act to amend General Statutes 20-114.1
making unlawful the act of disobeying the directions of an officer directing
traffic.
Referred to Committee on Highway Safety.
By Representatives Rountree and Reid:
H. B. 76, a bill to be entitled an act amending General Statutes 47-17.1 so as
to require that certain papers and documents registered in Pitt County show
there-on the name of the draftsman.
Referred to Committee on Judiciary No. 1.
By Representatives Jones of Rutherford, and Fulton:
H. B. 77, a bill to be entitled an act amending General Statutes 30-15 so as
to increase the year's allowance of a surviving spouse to two thousand dollars.
Referred to Committee on Judiciary No. 2.
By Representatives Beatty, and Johnson of Cabarrus:
1969] HOUSE JOURNAL 89
H. B. 78, a bill to be entitled an act to increase the subsistence and travel
allowance of the members and officers of the General Assembly.
Referred to Committee on Appropriations.
By Representative Short:
H. B. 79, a bill to be entitled an act to raise the salary or per diem of certain
officials of the General Court of Justice.
Referred to Committee on Appropriations.
By Representatives Short, Royall and Stanford:
H. R. 80, a resolution creating the Ground Hog Capital of North Carolina
and appointing North Carolina guardians of the Ground Hog.
On motion of Representative Short, the resolution is adopted.
"A RESOLUTION CREATING THE GROUND HOG CAPITAL OF
NORTH CAROLINA AND APPOINTING NORTH CAROLINA GUARD-
IANS OF THE GROUND HOG.
WHEREAS, in the south central part of North Carolina
There live some folk who are humane.
They love an animal that deserves something finer
Than to allow his importance to wane; and
WHEREAS, this little animal is the furry ground hog
Who once a year comes from under a log,
With accuracy unerring, the weather he predicts
Putting the Weather Bureau in a heckuva fix; and
WHEREAS, if this furry animal should receive his just reward
The workers at the Bureau would be hit mighty hard.
They would be looking for work in another field
And our furry friend all the answers would yield; and
WHEREAS, instead of guesses and probabilities,
We'd receive truths and actualities.
And we'd be helping our democracy
In slapping this bureaucracy; and
WHEREAS, and the people of Siler City
Whose hearts are so pure
Should receive all the publicity
For providing the cure; and
WHEREAS, they are fearlessly led in their humane endeavor,
By two gallant citizens who are mighty clever.
Ike and Mott proceeding undaunted
Our compassion aroused and our conscience haunted; and
WHEREAS, we therefore feel that the least we can do
Is give just credit where credit is due
So Guardians appoint and a home create
To insure proper respect within our State:
90 HOUSE JOURNAL [Session
NOW, THEREFORE, be it resolved by the House of Representatives:
Section 1. That this problem we will solve
The Ground Hog Capital of our great State
Shall be Siler City from and after this date.
And the duty of guardian of our friend accrues
To Dr. Blair and Representative Andrews.
And to all persons interested, a copy should be sent,
And one to Mr. Ground Hog, if we can find where he went.
Sec. 2. This Resolution shall become effective upon its adoption."
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
Referred to Committee on Courts and Judicial Districts.
S. B. 21, a bill to be entitled an act to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members of
the Board of Education of Onslow County.
Referred to Committee on Education.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 17, a bill to be entitled an act relating to the election of members of
the Anson County Board of Education so as to decrease the number elected in
1972 from three to two and to increase the number elected in 1974 from one to
two.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 23, a bill to be entitled an act authorizing the Board of Education of
Greene County to convey property to the Board of Commissioners of Greene
County.
On motion of Representative Lilley, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 25, a bill to be entitled an act to fill the vacancy on the Columbus
County Board of Education and to appoint a member to said Board.
Passes its second and third readings and is ordered sent to the Senate.
COMMITTEE APPOINTMENTS
Mr. Speaker Vaughn announces the following Committees:
1969] HOUSE JOURNAL 91
CORPORATIONS: Representative Euliss, Chairman; Representatives
Leatherman and Ramsey of Person, Vice-Chairmen; Representatives Beam,
Beard, Campbell of Mecklenburg, Carter, Fulton, Hofler, Jernigan, Johnson
of Wake, McDaniel, Speros and Watkins.
CORRECTIONAL INSTITUTIONS: Representative McFadyen, Chair-
man; Representatives Chase, Elliott, Fenner and Tart, Vice-Chairmen; Repre-
sentatives Carson, Culpepper, Everett, Frye, Haynes, Johnson of Cabarrus,
and Wills.
EMPLOYMENT SECURITY: Representative Martin, Chairman; Repre-
sentatives Hicks, Johnson of Duplin, and Quinn, Vice-Chairmen; Repre-
sentatives Beatty, DeBruhl, Eagles, Kincaid, Mayfield, Messer, Penny of Dur-
ham, Royall and Whitley.
FEDERAL AND INTERSTATE COOPERATION: Representative Falls,
Chairman; Representatives Eagles, Green, Johnson of Wake, and Quinn, Vice-
Chairmen; Representatives Billings, Campbell of Wilson, Clark, Fenner,
Garner, Gregory and McDaniel.
PUBLIC BUILDINGS AND GROUNDS: Representative Elliott, Chair-
man; Representatives Green, Mohn, Speed and Tart, Vice-Chairmen; Repre-
sentatives Beard, Collins, Jemison, Moore, Rountree, Stewart and Tolbert.
WILDLIFE RESOURCES: Representative Barr, Chairman; Repre-
sentatives Hofler and Williamson, Vice-Chairmen; Representatives Barker,
Baugh, Boger, Everett, Falls, Gentry, Kincaid, Lilley, Love, Messer, and Taylor
of Transylvania.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. J. R. 51, a joint resolution honoring the life and memory of Wilbur Hoke
Currie, former member of the General Assembly.
On motion of Representative Godwin of Gates, duly seconded, the House
adjourns to meet tomorrow at twelve o'clock Noon.
EIGHTEENTH DAY
House of Representatives
Tuesday, February 4, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
92 HOUSE JOURNAL [Session
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Bumgardner for today.
A leave of absence is granted Representative Frye for today.
On motion of the Guilford Delegation, the courtesies of the floor are extended
to the Honorable Clyde Shreve, a former member of the House from Guilford
County.
On motion of Representative Mills, H. B. 17, "a bill to be entitled an act
relating to the election of members of the Anson County Board of Education
so as to decrease the number elected in 1972 from three to two and to increase
the number elected in 1974 from one to two.", is recalled from the Senate for
further consideration by the House.
As requested by Mr. Speaker Vaughn the name of Representative Jemison
is added to the Committee on Election Laws.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Paschall, for the Committee on Highway Safety:
H. R. 73, a resolution requesting that the "Breatherlizer" be tested simul-
taneously with an actual blood test to determine the correlation between the
actual alcoholic blood content and the reading prescribed by the "Breatherlizer",
said test to be conducted before the House Highway Safety Committee.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Horton:
H. J. R. 81, a House joint resolution calling upon the Department of Motor
Vehicles to put into effect the economies permitted by North Carolina General
Statutes 20-66.1.
Referred to Committee on Rules and Operation of the House.
By Representatives McFadyen, Speros, Chase, Williamson, Ramsey of
Person, McMillan of Robeson, Royall, McMichael, Rountree, Snead, Strick-
land, Paschall, Campbell of Wilson, Campbell of Robeson, and Godwin of
Craven:
H. B. 82, a bill to be entitled an act to amend General Statutes 53-91 to
authorize loans in excess of $2500 to officers of banks.
1969] HOUSE JOURNAL 93
Referred to Committee on Banks and Banking.
By Representatives Messer and Ramsey of Madison:
H. B. 83, a bill to be entitled an act appropriating funds for the North Caro-
lina Tomato Festival in Haywood County.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 33, a bill to be entitled an act to amend General Statutes 105-345 re-
lating to ad valorem property tax penalties and discounts in the Town of Drexel.
Referred to Committee on Local Government.
S. B. 37, a bill to be entitled an act to grant zoning authority outside the city
limits to the Town of Mount Pleasant in Cabarrus County.
Referred to Committee on Local Government.
S. B. 39, a bill to be entitled an act to amend Chapter 302 of the Session Laws
of 1967, by changing and enlarging the membership of Board of Directors and
increasing benefits payable under the supplementary pension fund for firemen
in the Town of Mount Airy.
Referred to Committee on Local Government.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at twelve o'clock Noon.
NINETEENTH DAY
House of Representatives
Wednesday, February 5, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
A leave of absence is granted Representative McMichael for today.
At the request of Mr. Speaker Vaughn the following changes are made in
the committee assignments:
Representative DeBruhl is removed from the Committee on Employment
Security and added to the Committee on University Trustees.
94 HOUSE JOURNAL [Session
Representative Godwin of Craven is removed from the Committee on Health
and added to the Committee on Mental Health.
Representative Johnson of Duplin is removed from the Committee on Agri-
culture and added to the Committee on Wildlife Resources.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Tart, for the Committee on Education:
H. B. 22, a bill to be entitled an act to improve and provide public schools
of a higher standard for the residents of Scotland Neck in Halifax County, to
establish the Scotland Neck City Administrative Unit, to provide for the ad-
ministration of the Public Schools in said administrative unit, to levy a special
tax for the Public Schools of said administrative unit, all of which shall be
subject to the approval of the voters in a referendum or special election.
Without prejudice.
Without objection the Chair refers the bill to the Committee on Finance.
S. B. 21, a bill to be entitled an act to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members of
the Board of Education of Onslow County.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Lilley:
H. B. 84, a bill to be entitled an act amending General Statutes 20-ll(b) re-
lating to automobile operators learners' permits so as to permit night driving
with such permit.
Referred to Committee on Highway Safety.
By Representatives Roberson and Burrus:
H. B. 85, a bill to be entitled an act to amend the charter of the Town of
Belhaven, Chapter 246 of the Private Laws of 1907 to establish the position of
Town Manager.
Referred to Committee on Local Government.
By Representatives Mayfield, Falls and Jones of Rutherford:
H. B. 86, a bill to be entitled an act to appropriate funds to the Vagabond
School of the Drama, Inc., known as the State Theater of North Carolina for
operation, construction and expansion.
1969] HOUSE JOURNAL 95
Referred to Committee on Appropriations.
By Representative Campbell of Wilson:
H. B. 87, a bill to be entitled an act to amend General Statutes 20-1 16(g) re-
lating to the manner in which vehicles may be loaded to adequately protect the
traveling public against dropping, sifting, blowing, leaking or otherwise escaping
loads.
Referred to Committee on Highway Safety.
By Representatives Ridenour, Coble, Frye, Payne, Phillips and Short:
H. B. 88, a bill to be entitled an act authorizing the City of Greensboro to
convey a fee simple determinable estate in 10.41 acres of land to the Greensboro
Police Club, Incorporated.
Referred to Committee on Local Government.
By Representatives Burrus and Roberson:
H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis.
On motion of Representative Burrus the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF ISAAC PETER
DAVIS.
WHEREAS, Isaac Peter Davis was born in Wanchese on August 16, 1888
and died at the age of 80 on January 9, 1969; and
WHEREAS, Isaac Peter Davis represented Dare County in the General As-
sembly in 1917; and
WHEREAS, 'Ike' Davis also served his State well as a member of the Board
of Trustees of the University of North Carolina from 1917 to 1919 and from
1933 to 1945, as a County Superintendent of Public Welfare from 1936 to 1961
for Dare and then Hertford Counties, and as a member of Governor Sanford's
Commission to Study Public Welfare; and
WHEREAS, he was Secretary of the Roanoke Island Historical Association
from 1943 to 1951 and was an honorary vice-chairman and lifetime member;
and
WHEREAS, even after retirement he remained active in church affairs and
other civic activities;
Now, therefore, be it resolved by the House of Representatives, the Senate
concurring:
Section 1. That in the death of Isaac Peter Davis the State has suffered the
loss of a distinguished citizen.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
96 HOUSE JOURNAL [Session
the Senate and the House of Representatives and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
family of Isaac Peter Davis.
Sec. 3. This Resolution shall become effective upon its adoption."
By Representatives Taylor of Wake, Twiggs, Johnson of Wake, and Mc-
Millan of Wake:
H. B. 90, a bill to be entitled an act to amend General Statutes 14-401.9 to
provide for removal of illegally parked motor vehicles from private parking lots.
Referred to Committee on Judiciary No. 2.
special message from the senate
Senate Chamber
February 4, 1969
Mr. Speaker:
Pursuant to your request, we are returning herewith House Bill 17, "A bill
to be entitled an act relating to the election of members of the Anson County
Board of Education so as to decrease the number elected in 1972 from three to
two and to increase the number elected in 1974 from one to two," for your
further consideration.
Respectfully,
S/ Roy Rowe
Principal Clerk
Pursuant to the above message, on motion of Representative Mills the vote
by which the bill passed its third reading is reconsidered.
On motion of Representative Mills the vote by which the bill passed its second
reading is reconsidered and referred to the Committee on Education.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. R. 73, a resolution requesting that the "breatherlizer" be tested simul-
taneously with an actual blood test to determine the correlation between the
actual alcoholic blood content and the reading prescribed by the "breatherlizer",
said test to be conducted before the House Highway Safety Committee.
On motion of Representative Ramsey of Person the Resolution is adopted.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 70. A Joint Resolution expressing the gratitude of the General
Assembly to Mrs. Annie E. Cooper for her service to the State.
1969] HOUSE JOURNAL 97
H. J. R. 74. A Joint Resolution honoring the life and memory of Franklin
Wills Hancock, Jr., former member of the General Assembly of North Carolina
and the United States House of Representatives.
H. B. 25. An Act to fill the vacancy on the Columbus County Board of Edu-
cation and to appoint a member to said board.
On motion of Representative Quinn, duly seconded, the House adjourns to
meet tomorrow at twelve o'clock Noon.
TWENTIETH DAY
House of Representatives
Thursday, February 6, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Barbee, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
On motion of Representative Collins, the courtesies of the floor are extended
to the Honorable Robert L. Johnson, a former member of the House from
Alleghany County.
Mr. Speaker Vaughn extends the courtesies of the floor to Miss Sara Elizabeth
Umstead, Frank Graham Umstead and Mrs. Anne Umstead Maultsby, mem-
bers of the family of the late John W. Umstead, Jr., a former member of the
House of Representatives.
A leave of absence is granted Representatives Collins, Jones of Mecklenburg,
and Reid for tomorrow.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment;
S. B. 9, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
With a favorable report.
And,
98 HOUSE JOURNAL [Session
H. B. 44, a bill to be entitled an act to amend the charter of the City of Lenoir,
Chapter 487 of the Session Laws of 1967, to fix the organization meeting of the
City Council.
With a favorable report.
And,
H. B. 56, a bill to be entitled an act to make the eight year statute of limi-
tations on ad valorem tax refunds contained in General Statutes 105-405.1
applicable in Cumberland County and Fayetteville by repealing Chapter 676
of the Session Laws of 1959.
With a favorable report.
By Representative Vogler, for the Committee on State Government:
H. B. 64, a bill to be entitled an act to amend General Statutes 143-117 re-
lating to payment of costs by patients at certain state institutions so as to in-
clude the North Carolina Sanatorium System.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
With a favorable report.
And,
H. B. 77, a bill to be entitled an act amending General Statutes 30-15 so as
to increase the year's allowance of a surviving spouse to two thousand dollars.
With a favorable report.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 76, a bill to be entitled an act amending General Statutes 47-17.1 so to
require that certain papers and documents registered in Pitt County show there-
on the name of the draftsman.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Beatty and Stanford:
H. J. R. 91, a joint resolution honoring the life and memory of John Wesley
Umstead, Jr.
On motion of Representative Stanford, tfye rules are suspended and the bill
is placed on its immediate passage.
1969] HOUSE JOURNAL 99
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Roberson and Burrus:
H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance Norman.
On motion of Representative Roberson, the rules are suspended and the bill
is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF ZEBULON
VANCE NORMAN.
WHEREAS, Zebulon Vance Norman was born in Tyrrell County on February
2, 1888 and died at the age of 80 on October 12, 1968; and
WHEREAS, Zebulon Vance Norman served with distinction in the Session
of 1931 of the General Assembly as Representative of Washington County; and
WHEREAS, he served his community as Mayor of Plymouth, as founder and
officer of the Plymouth Savings and Loan Association, as President of the Ply-
mouth Country Club, as an able attorney, former Judge and Prosecutor; and
WHEREAS, he was a member of the North Carolina State Board of Law
Examiners and a member emeritus of same; and
WHEREAS, in 1925 he began working for the building of a bridge over the
Roanoke River connecting Washington and Bertie Counties, and the bridge
costing $2,000,000 was named in his honor a week before his death;
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That in the death of Zebulon Vance Norman, the State, his beloved
Washington County and the legal profession have truly suffered the loss of an
outstanding citizen.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the Senate and the House of Representatives and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
family of Zebulon Vance Norman.
Sec. 3. This Resolution shall become effective upon its adoption."
By Representatives Coble, Phillips, Payne, Frye and Ridenour:
H. R. 93, a House Resolution congratulating Miss Susan Rowe of High Point
upon her selection as Junior Miss of North Carolina of 1969.
On motion of Representative Coble, the resolution is adopted.
100 HOUSE JOURNAL [Session
"A HOUSE RESOLUTION CONGRATULATING MISS SUSAN ROWE
OF HIGH POINT UPON HER SELECTION AS JUNIOR MISS OF NORTH
CAROLINA OF 1969.
WHEREAS, Miss Susan Rowe, 105 pound, dark-brown-haired beauty from
High Point in Guilford County, has been chosen as the all-round loveliest,
most personable, most poised, most talented and most scholarly junior miss
in all of North Carolina; and
WHEREAS, Miss Rowe, a 5 foot 2, eyes of blue senior at Central High
School, has been selected to wear the crown of 'Junior Miss of North Carolina'
for the year 1969; and
WHEREAS, Miss Rowe, with her gracious charm and beauty, serves as a
proud tribute to her parents, Mr. and Mrs. Joseph Rowe, Shamrock Road,
High Point, and to her sponsoring organization, the High Point Junior Chamber
of Commerce; and
WHEREAS, Miss Rowe stands as a sterling, talented example of young,
southern womanhood and, if chosen 'National Junior Miss', would bring credit
upon all the women of the United States:
NOW, THEREFORE, be it resolved by the House of Representatives:
Section 1. The North Carolina Junior Chamber of Commerce is hereby
commended for its selection of Miss Susan Rowe as 'Junior Miss of North
Carolina' for 1969.
Sec. 2. The House of Representatives of North Carolina does hereby offer
its praise and congratulations to Miss Rowe, her parents, the High Point
Junior Chamber of Commerce and the North Carolina Junior Chamber of
Commerce; and does hereby convey to the Board of Judges of the National
Junior Miss Pageant the recommendation that Miss Susan Rowe be given
every consideration for the title of 'National Junior Miss', believing that she
would wear the crown with grace and dignity and would bring great credit
upon her State and Nation.
Sec. 3. Copies of this Resolution shall be certified by the Secretary of State
and forwarded to Miss Susan Rowe, her parents, the President of the High
Point Junior Chamber of Commerce, and to the President of the North Carolina
Junior Chamber of Commerce.
Sec. 4. This Resolution shall become effective upon its adoption."
By Representatives Coble, Phillips, Payne, Frye, Short and Ridenhour:
H. R. 94, a House Resolution congratulating Miss Vickey Jones of Greensboro
upon her selection as Miss Personality in the Junior Miss of North Carolina
1969 Pageant.
On motion of Representative Coble, the resolution is adopted.
"A HOUSE RESOLUTION CONGRATULATING MISS VICKEY JONES
OF GREENSBORO UPON HER SELECTION AS MISS PERSONALITY
IN THE JUNIOR MISS OF NORTH CAROLINA OF 1969 PAGEANT.
WHEREAS, Miss Vickey Jones, 117 pound, black-haired beauty from
1969] HOUSE JOURNAL 101
Greensboro in Guilford County, has been chosen as the most personable junior
miss in all of North Carolina; and
WHEREAS, Miss Jones, a 5 foot 3, brown-eyed senior at Northwest Guilford
High School, has been selected 'Miss Personality' for the year 1969; and
WHEREAS, Miss Jones, with her gracious charm and beauty, serves as a
proud tribute to her mother, Mrs. Geraldine Jones, Stokesdale, and to her
sponsoring organization, the Greensboro Junior Chamber of Commerce, the
number one Junior Chamber of Commerce chapter in the United States:
NOW, THEREFORE, be it resolved by the House of Representatives:
Section 1. The. North Carolina Junior Chamber of Commerce is hereby
commended for its selection of Miss Vickey Jones as 'Miss Personality' for
1969.
Sec. 2. The House of Representatives of North Carolina does hereby offer
its praise and congratulations to Miss Jones, her mother, the Greensboro
Junior Chamber of Commerce and the North Carolina Junior Chamber of
Commerce.
Sec. 3. Copies of this Resolution shall be certified by the Secretary of State
and forwarded to Miss Vickey Jones, her mother, the President of the Greens-
boro Junior Chamber of Commerce, and to the President of the North Carolina
Junior Chamber of Commerce.
Sec. 4. This Resolution shall become effective upon its adoption."
By Representatives Boger, Tolbert and Haynes:
H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former
legislator.
On motion of Representative Boger, the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF B. C. BROCK,
FORMER LEGISLATOR.
WHEREAS, Burr Coley Brock was born in Farmington, N. C, on November
26, 1891, and died on December 17, 1968, at the age of 77; and
WHEREAS, Burr Coley Brock ably served as the Representative from
Davie County in the General Assemblies of 1917, 1933, 1935, 1951, 1957 and
1959 and was minority leader in 1933 and 1957; and
WHEREAS, Burr Coley Brock served with devotion as Senator in the
General Assemblies of 1937, 1943, 1949, 1955 and 1961; and
WHEREAS, Burr Coley Brock was a respected member of the Bar, practicing
law in Winston-Salem from 1916 to 1925 and since that time in Mocksville;
and
102 HOUSE JOURNAL [Session
WHEREAS, in further service to the State and his community, he was ap-
pointed trustee of Appalachian State University, served on the State Republican
Executive Committee from 1937 to 1959, and was active in church affairs;
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That in the death of B. C. Brock, the State and Davie County
have suffered the loss of an outstanding citizen.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the Senate and the House of Representatives and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
family of Burr Coley Brock.
Sec. 3. This Resolution shall become effective upon its adoption."
By Representative Strickland:
H. B. 96, a bill to be entitled an act to amend Chapter 48 of the General
Statutes to permit changing the name of an adopted person who is twenty-one
(21) or more years of age.
Referred to Committee on Judiciary No. 2.
By Representatives Short, Godwin of Gates, Mills, and Phillips:
H. B. 97, a bill to be entitled an act amending General Statutes 20-179 so
as to limit the first and second offenses of driving under the influence of intox-
icating liquor or narcotic drugs to six months imprisonment.
Referred to Committee on Judiciary No. 1.
By Representatives McKnight and Jemison:
H. B. 98, a bill to be entitled an act amending Chapter 1063 of the Session
Laws of 1967, so as to provide that General Statute 163-117 shall not apply to
the seats in the House of Representatives for the Thirtieth District.
Referred to Committee on Election Laws.
By Representatives Phillips, Coble, Payne, Ridenour, Frye and Short:
H. B. 99, a bill to be entitled an act to amend General Statutes 160-200 re-
lating to abandoned motor vehicles.
Referred to Committee on Judiciary No. 1.
By Representative Bryan:
H. R. 100, a resolution requesting the Legislative Building Governing Com-
mission to assign specific parking spaces to all members of the General Assembly
and to publish such assignments.
Referred to Committee on Rules and Operation of the House.
By Representatives Vogler, Baugh, Beatty, Carson, Hicks, Campbell of
Mecklenburg, and Jones of Mecklenburg:
H. B. 101, a bill to be entitled an act creating the Charlotte-Mecklenburg
1969] HOUSE JOURNAL 103
Charter Commission and providing for an election upon the consolidation of
the governments of the municipalities within, and the County of, Mecklenburg.
Referred to Committee on Local Government.
By Representative Strickland:
H. B. 102, a bill to be entitled an act to amend General Statutes 20-17(2) and
General Statutes 20-179 pertaining to driving a motor vehicle under the in-
fluence of intoxicating liquor or narcotic drugs and the penalties therefor.
Referred to Committee on Highway Safety.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 23, a bill to be entitled an act to authorize joint appeals from the several
boards of equalization and review to the State Board of Assessments.
Referred to Committee on Judiciary No. 2.
S. B. 55, a bill to be entitled an act to amend Chapter 120 of the General
Statutes so as to establish the Legislative Intern Program Council, and to
enable such Council to promulgate and adopt a plan for legislative interns and
further providing for the funding of such program.
Referred to Committee on Rules and Operation of the House.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 21, a bill to be entitled an act to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members of
the Board of Education of Onslow County.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Quinn, duly seconded, the House adjourns to
meet tomorrow at 10 o'clock A. M.
TWENTY-FIRST DAY
House op Representatives
Friday, February 7, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
104 HOUSE JOURNAL [Session
Representative Johnson of Duplin for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Vernon James, a former member from Pasquotank County.
On motion of Representatives Stevens and DeBruhl, the courtesies of the
floor are extended to the Honorable Paul Story, a former member from Mc-
Dowell County.
A leave of absence is granted Representative McMillan of Robeson for Mon-
day night, February 10, 1969.
INTRODUCTION OF BILLS AND RESOLUTIONS
By Representatives Campbell of Wilson, Auman, Campbell of Robeson,
Chase, Church, Covington, Eagles, Everett, Fenner, Hofler, Johnson of Duplin,
Lilley, McMillan of Robeson, Mohn, Paschall, Penny of Harnett, Roberson,
Rountree, Royall, Snead, Speed, Strickland, Taylor of Wake and Williamson.
H. J. R. 103, a joint resolution opposing the Federal Communications Com-
mission's regulation prohibiting cigarette advertising on radio and television.
Representative Campbell of Wilson moves the bill be placed on its immediate
passage.
Representative Frye moves the bill not be placed on its immediate passage
but consideration be postponed until Monday night, February 10, 1969.
This motion fails of adoption.
On motion of Representative Campbell of Wilson, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Stanford and Andrews:
H. J. R. 104, a joint resolution inviting the General Assembly to meet in
historic Hillsborough on April 24, 1969.
Referred to Committee on Rules and Operation of the House.
By Representatives Fenner, Eagles and Barbee:
H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles
Fountain, former legislator.
On motion of Representative Fenner the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
1969] HOUSE JOURNAL 105
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF BENJAMIN
EAGLES FOUNTAIN, FORMER LEGISLATOR.
WHEREAS, Benjamin Eagles Fountain, a native of Edgecombe County,
died on January 31, 1969, at the age of 72; and
WHEREAS, Benjamin Fountain served ably in the General Assembly
from 1943 to 1955; and
WHEREAS, Benjamin Fountain was well-known and highly regarded in
professional and academic areas of Rocky Mount and Edgecombe County as
an attorney and was a former trustee of the University of North Carolina and
former city alderman:
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That in the death of Ben Fountain, North Carolina, Edgecombe
County and Rocky Mount have suffered the loss of a distinguished citizen.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the Senate and the House of Representatives and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
family of Benjamin Fountain."
Sec. 3. This Resolution shall become effective upon its adoption.
By Representative McMillan of Robeson:
H. B. 106, a bill to be entitled an act to increase the membership of the Red
Springs City Board of Education, and to provide for the appointment of new
members.
Referred to Committee on Education.
By Representative McFadyen:
H. B. 107, a bill to be entitled an act to make Hoke County "Stock Law
Territory".
Referred to Committee on Local Government.
By Representative Vogler:
H. B. 108, a bill to be entitled an act to amend Chapter 105 of the General
Statutes by inserting a new article therein imposing a license tax on dealers in
certain tobacco products.
Referred to Committee on Finance.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 80, a joint resolution inviting His Excellency, The Governor, to
106 HOUSE JOURNAL [Session
address a Joint Session of the Senate and House of Representatives at 12:30
P. M. February 12, 1969.
On motion of Representative Johnson of Duplin the rules are suspended and
the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
Pursuant to the above resolution, Mr. Speaker Vaughn appoints as a com-
mittee to invite Governor Scott to address the Joint Session, Representatives
Church, Carson and Ridenour.
CALENDAR
Rills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 14, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
On motion of Representative Kincaid the bill is temporarily displaced in
order to consider identical S. B. 9.
S. B. 9, a bill to be entitled an act to repeal Chapter 338 of the Session Laws
of 1963 relating to the boundary lines of the Lenoir School Administrative Unit.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Kincaid, H. B. 14 entitled "a bill to be entitled
an act to repeal Chapter 338 of the Session Laws of 1963 relating to the boundary
lines of the Lenoir School Administrative Unit" is postponed indefinitely.
H. B. 44, a bill to be entitled an act to amend the charter of the City of Lenoir,
Chapter 487 of the Session Laws of 1967, to fix the organization meeting of the
City Council.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 56, a bill to be entitled an act to make the eight year statute of limi-
tations on ad valorem tax refunds contained in General Statutes 105-405.1
applicable in Cumberland County and Fayetteville by repealing Chapter 676
of the Session Laws of 1959.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 64, a bill to be entitled an act to amend General Statutes 143-117 re-
lating to payment of costs by patients at certain State institutions so as to
include the North Carolina Sanatorium System.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
On motion of Representative Stewart consideration of the bill is postponed
until Monday, February 10, 1969.
1969] HOUSE JOURNAL 107
H. B. 76, a bill to be entitled an act amending General Statutes 47-17.1 so as
to require that certain papers and documents registered in Pitt County show
thereon the name of the draftsmen.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 77, a bill to be entitled an act amending General Statutes 30-15 so as
to increase the year's allowance of a surviving spouse to two thousand dollars.
Passes its second and third readings and is ordered sent to the Senate.
On motion of Representative Phillips, duly seconded, the House adjourns to
meet tomorrow at 9 o'clock A. M.
TWENTY-SECOND DAY
House of Representatives
Saturday, February 8, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Taylor of Wake designated by Mr. Speaker Vaughn as Speaker Pro
Tempore.
Prayer is offered by Mr. R. Glenn Ogburn, member of the Sergeant-at-Arms
staff.
Representative McMillan of Wake for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative McMillan of Wake, duly seconded, the House
adjourns to meet Monday night at 7:00 P. M.
TWENTY-THIRD DAY
House of Representatives
Monday Night, February 10, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by Representative Phillips.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Saturday has been examined, found
correct, and without objection the same stands approved as written.
108 HOUSE JOURNAL [Session
An indefinite leave of absence is granted Representative Godwin of Craven
due to illness.
A leave of absence is granted Representative Rhyne for tonight.
A leave of absence is granted Representative Church for tomorrow.
On motion of the Buncombe delegation, the courtesies of the floor are extended
to the Honorable I. C. Crawford, a former member of the House from Buncombe
County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Gregory, for the Committee on Finance:
H. B. 22, a bill to be entitled an act to improve and provide public schools
of a higher standard for the residents of Scotland Neck in Halifax County, to
establish the Scotland Neck City Administrative Unit, to provide for the ad-
ministration of the public schools in said administrative unit, to levy a special
tax for the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Auman:
H. B. 109, a bill to be entitled an act to incorporate the village of Whispering
Pines in Moore County.
Referred to Committee on Local Government.
By Representative Paschall:
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for a North Carolina driver's license to surrender any out-of-
state licenses previously issued to him.
Referred to Committee on Highway Safety.
And,
H. B. Ill, a bill to be entitled an act to amend General Statutes 20-20 to
clarify the same relative to a chauffeur's license.
Referred to Committee on Highway Safety.
By Representatives Carter, Raynor and Bryan:
1969] HOUSE JOURNAL 109
H. B. 112, a bill to be entitled an act to authorize the Cumberland County
ABC Board to establish a retirement system.
Referred to Committee on Local Government.
By Representative Campbell of Wilson:
H. B. 113, a bill to be entitled an act to provide five days sick leave per year
for certain nonprofessional employees of the public school system.
Referred to Committee on Education.
By Representative Mayfield:
H. B. 114, a bill to be entitled an act to appropriate funds for the North Caro-
lina Apple Festival in Henderson County.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 20, a bill to be entitled an act to amend Chapter 272 of the Public-Local
Laws of 1929 so as to allow the Executive Committee to set the salary of the
Winston-Salem and Forsyth County Peace Officers' Protective Association.
Referred to Committee on Local Government.
S. B. 25, a bill to be entitled an act to rewrite General Statutes 115-125 re-
lating to the condemnation of land for school purposes so as to increase the
maximum size of such sites to fifty acres.
Referred to Committee on Judiciary No. 1.
S. B. 61, a bill to be entitled an act to rewrite and clarify the Statutory Limi-
tation-Upon-Right to perform autopsy.
Referred to Committee on Judiciary No. 2.
S. B. 64, a bill to be entitled an act to amend General Statutes 1-239 (b) so
as to permit waiver of notice by attorneys of record in certain cases.
Referred to Committee on Judiciary No. 1.
S. B. 66, a bill to be entitled an act to correct several separate state board,
commission and committee authorization acts to conform to General Statutes
138-5 with regard to the amount of per diem payments authorized for members.
Referred to Committee on Judiciary No. 2.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that Policemen and Firemen who are non-residents may be
employed.
110 HOUSE JOURNAL [Session
On motion of Representative Stewart consideration of the bill is postponed
until Tuesday, February 11, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 91. A Joint Resolution honoring the life and memory of John Wesley
Umstead, Jr.
S. J. R. 80. A Joint Resolution inviting His Excellency, the Governor, to
address a Joint Session of the Senate and House of Representatives at 12:30
P. M., February 12, 1969.
H. J. R. 103. A Joint Resolution opposing the Federal Communications
Commission's regulation prohibiting cigarette advertising on radio and tele-
vision.
S. B. 21. An Act to rewrite Chapter 630, Session Laws of 1967, so as to pro-
vide for the at large nomination and election of members of the Board of Edu-
cation of Onslow County.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
TWENTY-FOURTH DAY
House op Representatives
Tuesday, February 11, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 96, a bill to be entitled an act to amend Chapter 48 of the General
Statutes to permit changing the name of an adopted person who is twenty-
one (21) or more years of age.
With a favorable report.
1969] HOUSE JOURNAL 111
S. B. 23, a bill to be entitled an act to authorize joint appeals from the several
boards of equalization and review to the State Board of Assessments.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives McMillan of Wake, and Jones of Rutherford:
H. B. 115, a bill to be entitled an act to amend Part 10, Article 3 of the Motor
Vehicles Act of 1937 to create an offense of unlawful flight to avoid apprehension.
Referred to Committee on Highway Safety.
By Representatives DeBruhl and Stevens:
H. B. 116, a bill to be entitled an act to amend General Statutes 18-39(3),
so as to provide funds to the North Carolina Department of Mental Health for
education, research, treatment, and rehabilitation of alcoholics and mentally
ill persons, and to provide facilities.
Referred to Committee on Appropriations.
By Representatives Bryan, Raynor, Rose and Carter:
H. B. 117, a bill to be entitled an act to amend General Statute 18-77, so as
to regulate retail beer outlets in the City of Fayetteville.
Referred to Committee on Alcoholic Beverage Control.
By Representative Bryan:
H. B. 118, a bill to be entitled an act directing the State Board of Education
to conduct a study as to the feasibility of introducing into the public school
system curriculum instruction in the environment and natural resources and
appropriating funds for said study.
Referred to Committee on Education.
By Representatives Clark, Green and Harkins:
H. B. 119, a bill to be entitled an act to protect children through licensing of
day-care facilities and other limited regulation.
Referred to Committee on Judiciary No. 2.
By Representatives Raynor, Auman, Barker, Beam, Beard, Beatty, Bo-
shamer, Britt, Bumgardner, Burrus, Campbell of Robeson, Campbell of Wilson,
Carter, Chase, Church, Clark, Covington, Culpepper, DeBruhl, Euliss, Everett,
Falls, Fenner, Frye, Gentry, Godwin of Craven, Green, Harkins, Harris, Hege,
Hicks, Hofler, Jernigan, Jones of Mecklenburg, Jones of Rutherford, Martin,
Mauney, McFadyen, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Penny of Durham, Penny of
112 HOUSE JOURNAL [Session
Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Reid, Rhyne, Rober-
son, Rose, Royall, Short, Snead, Soles, Speed, Speros, Stevens, Strickland, Tart,
Taylor of Wake, Twiggs, Vogler, Watkins and Williamson:
H. B. 120, a bill to be entitled an act to amend General Statutes 18-39(3) so
as to provide funds to the Department of Mental Health for education, re-
search, treatment and rehabilitation of alcoholics and for construction, mainten-
ance and operation of facilities.
Referred to Committee on Appropriations.
By Representative Carson:
H. B. 121, a bill to be entitled an act to amend the regulations pertaining to
the sale of firearms.
Referred to Committee on Judiciary No. 1.
By Representatives Johnson of Cabarrus, and Carson:
H. B. 122, a bill to be entitled an act to amend General Statutes 15-41 so as
to authorize peace officers to arrest without warrant persons for whom an un-
served warrant has been issued.
Referred to Committee on Judiciary No. 1.
special message from the senate
Senate Chamber
February 11, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the information
that pursuant to Senate Joint Resolution 80, "A Joint Resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and House of
Representatives at 12:30 P. M., February 12, 1969," the President has ap-
pointed the following committee on the part of the Senate to act with a like
committee on the part of the House to escort His Excellency, the Governor,
to the Hall of the House to address the Joint Session, Senators Harrington and
Penn.
Respectfully,
s/ Roy Rowe
Principal Clerk
Pursuant to the above Resolution, Mr. Speaker appoints as a committee,
Representatives Church, Carson, Collins and Ridenour to escort the Governor.
message from the senate
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 81, a joint resolution commemorating the life and memory of S. Ray
Byerly.
1969] HOUSE JOURNAL 113
On motion of Representative Love, the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 22, a bill to be entitled an act to improve and provide public schools of
a higher standard for the residents of Scotland Neck in Halifax County, to
establish the Scotland Neck City Administrative Unit, to provide for the ad-
ministration of the public schools in said administrative unit, to levy a special
tax for the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election.
Representative Gregory offers an amendment which is adopted.
Representative Penny of Durham moves that the bill be referred to Commit-
tee on Appropriations. This motion fails of adoption.
Representative Andrews calls the previous question. This motion prevails.
Now the question recurs to the passage of the bill on its second reading.
Passes its second reading as amended by the following vote and remains on
the Calendar.
Those voting in the affirmative are: Representatives Barbee, Barker, Barr,
Baugh, Beam, Boger, Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner,
Burrus, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Collins, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins, Hege, Hicks,
Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Duplin, Jones of
Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield,
McFadyen, McMichael, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor, Reid,
Rhyne, Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed,
Speros, Stewart, Strickland, Taylor of Transylvania, Taylor of Wake, Tolbert,
Troxell, Vogler, Watkins, Williamson and Wills — 84.
Those voting in the negative are: Representatives Auman, Beard, Beatty,
Billings, Blake, Campbell of Mecklenburg, Coble, Frye, Harris, Haynes,
Johnson of Cabarrus, Jones of Mecklenburg, McDaniel, McKnight, McMillan
of Robeson, Payne, Penny of Durham, Penny of Harnett, Penton, Phillips,
Ridenour, Stanford, Stevens, Tart, Twiggs, Warlick and Whitley — 27.
The following pair is announced: Were Representative Church present, he
would vote "aye". Representative Clark votes "noe".
Those voting "present" are: Representatives Johnson and McMillan of
Wake.
114 HOUSE JOURNAL [Session
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
Passes its second reading.
On objection to the third reading by Representative Vogler, the bill remains
on the Calendar for its third reading.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
TWENTY-FIFTH DAY
House of Representatives
Wednesday, February 12, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
Mr. Speaker Vaughn extends the courtesies of the floor to Mrs. Robert W.
Scott, wife of Governor Scott; Mrs. Kerr Scott, mother of Governor Scott and
widow of former Governor Kerr Scott; Mr. Osborne Scott, brother of Governor
Robert W. Scott, and Reverend Don Campbell, pastor of Governor Scott.
On motion of Representatives Speed and Church, the courtesies of the floor
are extended to the Honorable Wilton Drake, a former member from Warren
County.
On motion of Representatives Troxell and Mitchell, the courtesies of the
floor are extended to the Honorable Clyde Harriss, a former member, from
Rowan County.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Dan K. Moore, former Governor of our State, and Mrs. Moore.
Mr. Speaker Vaughn extends the courtesies of the floor to members of the
Council of State.
special message from the senate
Senate Chamber
February 12, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the information
that pursuant to Senate Joint Resolution 80, "A Joint Resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and House
1969] HOUSE JOURNAL 115
of Representatives at 12:30 P. M., February 12, 1969," the Senate stands ready
to repair to the Hall of the House, there to sit in Joint Session with your Honor-
able Body.
Respectfully,
S/ Roy Rowe
Principal Clerk
JOINT SESSION
Pursuant to resolution heretofore adopted, the Sergeant-at-Arms announces
the approach of the Senate and that Body, preceded by its officers, comes into
the Hall of the House and is assigned seats. President Taylor is presented the
gavel and seated on the right of Mr. Speaker Vaughn, the purpose of the Joint
Session being to hear the budget message of His Excellency, Governor Robert
Walter Scott.
The Joint Assembly is called to order by President Taylor.
The Joint Committee, consisting of Senators Harrington and Penn and Repre-
sentatives Church, Carson, Collins and Ridenour, preceded by the Sergenat-at-
Arms, comes into the Hall of the House acting as escort to Governor Scott.
Senator Harrington presents His Excellency, Governor Robert W. Scott, to
President Taylor, Mr. Speaker Vaughn and the Joint Session of the General
Assembly.
Governor Scott makes the following address to the Joint Session:
THE BUDGET MESSAGE OF
THE HONORABLE ROBERT W. SCOTT
GOVERNOR OF NORTH CAROLINA
"Mr. President, Mr. Speaker, Members of the General Assembly of North
Carolina.
The Executive Budget Act requires the Governor of North Carolina to come
before the General Assembly to present a recommended budget for the coming
biennium.
The proposed budget must, by law, be balanced with respect to income and
expenditures. This requirement is wise and it has saved us many headaches and
helped us to avoid many pitfalls. It has been a big factor in maintaining fiscal
responsibility. It has enabled us to enjoy the highest credit rating available
to state governments, something that few other states can claim. The 'balanced
budget' requirement of our law must not be altered.
I appear before you today to report that the government of North Carolina
is financially sound in every respect. Revenues have exceeded expenditures
during the past eighteen months. Careful budgeting by the 1967 General
Assembly and prudent spending during the current biennium will enable us to
anticipate a credit general fund balance on June 30, 1969 of approximately
$127,431,000.
116 HOUSE JOURNAL [Session
It should be stated clearly that this is not a surplus. The sum represents
receipts over expenditures and reversion of unexpended appropriated funds.
It will be carried forward into the coming biennium and has already been in-
cluded in the construction of the recommended budget.
On your desks when this General Assembly convened you found four budget
documents: the 'A' Budget, representing the money needed to maintain current
programs at their present level of operation; the 'B' Budget, representing the
requests and recommendations to improve and expand current programs and
to establish new programs; the 'C Budget, representing requests and recom-
mendations for specific capital improvements; and the Budget Summary which
also contains the budget statements.
The budget recommendations presented to you on January 15 are those of
the administration of my predecessor, Governor Moore. It was compiled by
the Advisory Budget Commission after many hours of hearing testimony by
state agencies and visits to state institutions and facilities throughout North
Carolina. A tremendous amount of time and effort by the Advisory Budget
Commission, the Budget Division staff, the previous Director of Administration
and administrators of state agencies have gone into the making of that budget
and I commend them for it.
The budget process in North Carolina is cumbersome and slow, but I doubt
that there is a state budget any where that is more carefully scrutinized and
analyzed than ours. The taxpayer of North Carolina can rightfully feel that
their tax dollar is very carefully weighed before being appropriated.
I commend the 'A' Budget to you and recommend its adoption.
The general fund 'B' Budget requests totaled more than $523,910,452 as state
agencies sought money to expand presents programs or to initiate new ones.
The recommendations found in the 'B' Budget, however, totaled only
$173,444,097. This was a great disappointment to many. But the recom-
mendations represented the best judgment of the previous administrations in
appropriating the estimated available funds, including the anticipated general
fund credit balance of $127,431,000.
I have examined carefully this proposed 'B' Budget. Department heads
have talked with me and my staff of their needs.
I have received much correspondence from citizens who have expressed
concern for certain items which were not included.
After careful review, I conclude that the recommendations found in the 'B'
Budget can be justified and are very much needed. Therefore, I commend
those recommendations to you and urge their adoption.
But I find that additional appropriations are essential to the progress of our
State.
We cannot turn our backs on the times, nor can we simply mark time and
allow the measure of our advance to slip away from us. Most important of all,
however, we cannot forfeit our future.
1969] HOUSE JOURNAL 117
We must indeed, make a greater investment in that future; first, by assuring
good health, both physical and mental, for all our people and especially for
our children.
Second, we must provide a greater economy potential for our people, especially
the young who are potential dropouts rather than self-supporting citizens.
And third, we need to give great help to our communities so they may go for-
ward in peace and harmony.
To this end I am asking that expanded programs in mental health be initiated,
that a rejuvenated vocational education program be provided in the middle
grades in our schools; that a Department of Community affairs be created to
give assistance to community development; and that our Good Neighbor
Council be enlarged and given sufficient funds in prospective programs in
human relations.
I will have more to say about these and other programs later in this message,
because these are steps that must be taken to protect our investment in the
future of North Carolina.
CAPITAL IMPROVEMENTS
The general fund 'C Budget, often called the 'bricks and mortar' Budget,
recommends that a total $55,957,082 be allocated for capital expenditures. This
does not, of course, meet nearly all the needs of our State which is growing
rapidly. Again, however, it represents the best judgment for the wise use of
available funds by the previous administration. I recommend the adoption
of the 'C Budget recommendations.
The total requests from all sources by all agencies for capital improvements
is $400,005,999. The 'C Budget recommends an appropriation from all funds
of $89,636,082, leaving a balance of unmet needs of $310,369,917.
We cannot realistically meet all of those needs, even with a capital improve-
ments bond issue.
As much as I would like to get on with the building of many new facilities
for our educational institutions, mental hospitals and other needed service
agencies, I do not recommend a capital improvements bond issue at this time.
The current bond market and interest rates present a very difficult situation
for a new bond issue. Interest rates have reached all-time peaks for the past
fifty years and are currently holding at that level. The cost to the state for a
bond issue would likely be the highest in our history. Hopefully, interest rates
will not exceed their present level and, before the next General Assembly meets,
will recede somewhat. Perhaps a bond issue can be considered at that time.
You will recall that the General Assembly of 1967 appropriated in excess of
$110,000,000 from the general fund for capital improvements which did not
include over $75,000,000 from self-liquidating, federal and other funds. Much
of this construction is still going on and the buildings are yet to be used. Further,
I am convinced that many of our institutions of higher education can make
more efficient use of their classroom space.
118 HOUSE JOURNAL [Session
I do ask, however, that you add to the 'C Budget from the general fund the
sum of $2,500,000 for capital improvements, This money would be used to
provide buildings and equipment to treat mentally retarded infants, house the
School of Allied Health Professions at East Carolina University and a livestock
and poultry disease diagnostic laboratory.
There are many more capital improvements which are very much needed and
which can be justified, but I do not feel that these can be funded from general
fund revenues. The pressing needs of our colleges and universities, the medical
school at Chapel Hill, our mental institutions, prison system, parks and all the
others can only be met by a capital improvements bond issue which, in all
honesty and with great reluctance, I cannot recommend at this time.
I return now to a consideration of the 'B' Budget — the budget that provides
for new programs and the improvement of current programs.
The trust of my administration will be to look to the future and prepare for
it. This will require sharp emphasis upon comprehensive long-range planning.
It will require efforts now to assist local governments in finding ways to meet
their increasing complex problems.
The core of this program will be a new department of state government to
provide expanded service to local governments. It is not intended to be a
regulatory agency but one that will assist our counties and towns, particularly
the smaller ones without the needed staff or budget, to plan for the future and
to get the maximum benefit from the multitude of federal funds available.
The nucleus of this department already exists in our state government. By
the pulling together into one department those programs already existing, there
will be a net reduction in the number of separate agencies, something that is
to be highly desired.
I consider the establishment of this Department of Local Affairs to be a high
priority item.
I recommend that state employees under the State Personnel Act be given
an average 10 per cent salary increase on a graduated scale, with those in the
lower salary range receiving a greater percentage than those in the higher range.
To me, the 'across the board' principle is not always equitable.
Comparable salary increases should also go to those not under the State
Personnel Act, such as school bus mechanics, extension service secretaries, etc.
Much has been said about bringing teacher salaries up to the national average.
That is my goal. But it cannot be accomplished entirely during this biennium.
Instead, the goal of a national average for our teachers must come in two steps,
one in this biennium and one in the next.
The current 'B' Budget recommends a salary increase of 5% in 1969 and
another 5 r c in 1970. I am recommending that this figure be doubled to ten
and ten. This will require $50,633,565 over and above that presently recom-
mended. I believe that is all the state can afford at the moment.
We must remember that it is exceedingly difficult for us to pay the national
average for our professional educational people when our citizens, who must
foot the bill, do not have anywhere near the national average personal income
from which to pay taxes.
1969] HOUSE JOURNAL 119
Further, when we speak of increasing educational salaries, we are talking
about almost 45 per cent of the General Fund Budget for teachers alone.
Nevertheless, we must reach the goal during this administration. This
recommended increase will bring it within our grasp two years hence.
While we are on this subject of teacher salaries, I suggest that when we reach
the national average figure, that there be a method devised to pay an educator
according to his worth. Many are better than average. Others are below. It
doesn't seem equitable that they all be paid the same. The better teachers are
penalized and the poor ones are subsidized and the child in the classroom is the
victim of the system.
I am recommending a salary increase of eight per cent the first year and an
additional eight per cent the second year of the Biennium for faculty salary
increases at our institutions of higher learning. This will cost about $7,500,000
in addition to the present recommendations for this group of employees.
For faculty salary increases in our Community College system, I am recom-
mending eight per cent the first year and eight per cent the second year of the
biennium, which will cost over $3,000,000 beyond the 'B' Budget recom-
mendations.
I feel it is only fair to provide school bus transportation for children who live
in urban areas just as we have had for rural students for many years. All
parents, regardless of where they live, pay the cost of our school transportation
system.
Further, I believe it is imperative that we provide school bus transportation
for special education systems — those who must travel to another school to
attend classes for the emotionally disturbed, the educable mentally retarded
and the physically handicapped.
Therefore, I am recommending that $3,298,552 be appropriated for urban
student school transportation and an additional $735,847 be appropriated to
provide school bus transportation for handicapped children.
School dropouts continue to be a serious problem in our educational program.
It is a definite factor in our low per capita income. Somehow we must find the
means to interest our children in continuing their education.
A comprehensive program of occupational education for children in the middle
grades will be a giant step toward reducing the school dropout problem. Adding
more teachers to already existing vocational programs will not solve this pro-
blem. We cannot implement this program all at once, but we can begin. A
workable course of study and plans to implement it are presently underway in
the Department of Public Instruction.
Therefore, I recommend that the sum of $4,000,000 be set aside in a reserve
fund to be held in the Budget Division to be released to the Department of
Public Instruction when the plan is ready to implement.
I further urge that the State Board of Education re-examine the entire
vocational education program to this end that our students may be offered a
wider variety of opportunities in this area. I am concerned that the student
120 HOUSE JOURNAL [Session
receives vocational training, industrial training and occupation guidance in
keeping with a modern North Carolina and that we prepare him for life in his
future rather than in our present.
Expanded programs for retarded children and mental health generally will
require about $2,310,000 additional appropriations.
A major need in North Carolina today is to strengthen the hand of our law
enforcement agencies. This can be done to some extent by tightening up and
clarifying the criminal laws in our State.
With a growing population, however, and the increased incidence of crime,
especially the use of drugs among our young people, it is urgent that we provide
better equipment and more manpower for our law enforcement agencies.
To improve our efforts in law and justice in North Carolina, I am recom-
mending that $3,025,000 be appropriated in this general area. These funds will
be used primarily to implement the Police Information Network (PIN) linking
all of our law enforcement agencies together, and more manpower and better
equipment for the State Bureau of Investigation.
The Governor's Coordinating Council on the Aging has completed a compre-
hensive study on the problems and needs of our elder citizens in North Carolina.
I commend this report to you.
Inasmuch as the State provides no benefits to senior citizens in the low in-
come brackets, those who need assistance the most, I am recommending that
a tax refund of $25.00 be given to all persons 65 years or older who have income
of less than $3,000 annually. This program will result in a loss to the General
Fund of $16,000,000 for the biennium.
There are many single people today who cannot qualify for a head of house-
hold exemption, but who are maintaining a house or apartment for themselves.
This is an inequitable tax. I recommend, therefore, that single people be
granted state income tax exemptions equal to those presently receiving the
$2,000 exemptions. This will result in a net loss from the General Fund for the
biennium of $5,000,000.
Other additions to the 'B' Budget recommendations that I propose include
funds to upgrade and strengthen the Good Neighbor Council, provide a begin-
ning for a State Zoo, funds to match anticipated federal grants in the new area
of marine sciences and for soil and water conservation programs. This will
call for $3,515,000 additional money.
The additions to the 'B' Budget that I have recommended add up to slightly
over $92,000,000.
Add to this the $21,000,000 loss in General Fund revenue from tax relief
recommendations and the $2,500,000 for capital improvements, and we have
the grand total of $115,865,665 in additional revenues needed for our General
Fund.
An additional $5,000,000 will be required from the highway fund to meet the
salary increases proposed for state employees generally, but whose salary comes
from highway revenues.
1969] HOUSE JOURNAL 121
TAX RECOMMENDATIONS
I recommend to this General Assembly that the money to implement my
recommendations to you be provided from the following sources. (All figures
are for the biennium).
An additional 10 per cent tax on liquor which will yield $26,000,000.
An increase in the tax rate on beer by 1.5 cents per bottle over six ounces
but less than 12 ounces and equivalent rates on other quantities with the state
to retain all additional revenue. This will yield $15,000,000.
A tax on cigarettes at the rate of five cents per package of twenty will yield
$50,000,000.
A tax on cigars of two cents each will yield $7,000,000.
An increase of one-half of one per cent in all rates on Insurance Premiums
will yield $10,000,000.
An increase in the sales tax on motor vehicles, boats, and locomotives from
the present 1.5 per cent to 2 per cent with the maximum remaining at $120 will
yield $8,500,000.
An increase in bank excise tax rates from the present 4.5 per cent to 6 per cent
will yield $1,000,000.
An increase by one-fourth in the rates at which Building and Loan Associ-
ations are taxed will yield $1,000,000.
These recommended sources and rates will provide $118,500,000 for the
General Fund.
The enactment of these recommendations will meet my recommended ad-
ditional General Fund expenditures and provide a cushion of over $2,500,000.
HIGHWAY FUNDS
We must have more money for road construction and maintenance. Costs
for both maintenance and new construction have risen sharply, at a far greater
rate than our highway revenues. In addition, the increasing operating costs of
the Department of Motor Vehicles, including the adding of highway patrolmen,
continues to drain away funds that most people believe are available for roads.
Most of the requests, verbally and by mail, coming to my office are pleas
from our citizens to improve our roads, both primary and secondary.
A thorough study by a commission named by Governor Moore reveals that
under our present system of financing highway costs, there will be no money
left from state funds for new construction by 1974.
I repeat, we must have money for roads.
Therefore, I strongly recommend that motor fuel taxes be increased by two
cents per gallon and that license taxes on automobiles, trucks and other vehicles
be increased by one-fourth.
122 HOUSE JOURNAL [Session
The motor fuel tax will provide $88,000,000 and the increase in license fees
will yield $21,000,000 for a total income to the Highway Fund of $109,000,000
for the biennium.
I point out that this figure would yield more funds for the highway depart-
ment during my administration than the $200 million secondary road bond issue
passed during my father's administration. Of course, it will not go nearly as
far because of inflation, higher engineering requirements and also, these funds
will not be earmarked for secondary roads alone.
Now, let me comment with respect to my recommendations for a tax on
cigarettes.
First of all, I would not have recommended a cigarette tax if I had any reason
to believe that such action would hurt the tobacco warehouseman or the tobacco
manufacturer, and especially the tobacco grower.
It will not, and anyone who thinks it through knows it will not.
First of all, we are talking about only 2 per cent of the flue-cured tobacco
grown in North Carolina.
This amount is sold in the State, whereas 98 per cent of the crop is sold else-
where and is already taxed.
A five cent tax on 2 per cent of the crop is not going to affect sales.
Tobacco prices are supported by the federal government. There is a floor
underneath tobacco prices, so they will not be reduced and the farmer will not
be hurt.
I honestly feel that our failure to levy a cigarette tax has hurt our relations
with other states and particularly with Congressmen and Senators from other
states.
We must remember it is these people who have the power to destroy the to-
bacco price support program and impose restrictions on the advertising of
cigarettes.
Such action at the federal level would seriously harm the tobacco industry
and directly reduce income to tobacco growers, warehousemen and manu-
facturers.
My friends in the tobacco industry, and there are many, would be best
advised, in my honest opinion to concentrate their energies in Congress to save
the price support program and prevent the ban on cigarette advertising, which
is clearly a very real danger in this session of Congress.
My only regret in recommending a cigarette tax to this distinguished body is
that when I compaigned for this office, I said I was opposed to such a tax.
But I also stated that if it became necessary to meet the essential needs of
our State, then I would seek the necessary revenue.
It has been said that when confronted with the facts, 'a wise man will change
his mind, but a fool never changes his.'
1969] HOUSE JOURNAL 123
Since assuming my responsibilities as Governor, I have been confronted
with facts — facts supporting the overwhelming needs of our State, not nearly
all of which can be met even if we levied a tax of ten cents per pack.
So I make this recommendation with no apology, but only with explanation.
I am man enough to stand before you to say I have found it necessary to
change my earlier opinion.
My responsibility to the entire state transends the desire to assist an industry.
Finally, I believe it is time to destroy the myth that tobacco is king in North
Carolina.
Income from livestock and poultry already exceeds that of tobacco.
True, it is very important to our economy and will be for as long as man wants
to enjoy a smoke. But tobacco must not dominate our thinking to the detri-
ment of our progress.
Now I would like to comment on the sharing of state collected revenue with
local governments, specifically the sales tax.
I am opposed to the state collecting an additional sales tax, which now in-
cludes food, and giving it back to local governments to spend.
Many local governments do need financial assistance. Some do not.
I feel strongly that every local government should first utilize their existing
revenue sources before turning to the state for more unrestricted funds. I am
not convinced that the majority of our local governments have made full use
of their available resources.
Further, in many cases, more efficient use of the local government tax dollar
can be achieved by consolidating county and city governments, consolidating
school administrative units and the sharing of services among counties.
Many counties have glaring exemptions or inequities in their ad valorem tax
structure.
I caution you, the members of this General Assembly, to protect from further
erosion the revenue sources available to the state.
You must provide future administrations with the means of financing the
expanding needs of a growing state.
It is poor business to erode the tax sources of the state, knowing full well that
the demand for state services will increase in the immediate future.
There is every reason to believe that the pressure for revenue will be just as
great or greater on future General Assemblies as it is upon us here today.
Let me remind you, too, that the State of North Carolina already provides
many services and much money for local government.
The state constructs and maintains all roads and streets except those streets
not on the state highway system.
Many of the major city thoroughfares are on this system. In addition, in-
124 HOUSE JOURNAL [Session
corporated municipalities receive Powell Bill Funds to aid in street improve-
ments and construction.
Most people believe the state receives the intangible tax, and we are con-
stantly urged to eliminate this tax, but this 17 million goes back to local govern-
ments with only a small service charge for the actual cost of collection.
On July 1, 1969, the municipal share of the utilities franchise tax will increase
from the present three-fourths of one per cent to two per cent.
This will be one-third of the total 6 per cent that the state levies. This means
that $4,950,000 will go back to municipalities in the first year of the upcoming
biennium.
On July 1, 1970, the municipal share of this tax will go to 3 per cent or one-
half of the state's levy of 6 per cent.
Thus, in the second year of the biennium $9,650,000 will be returned to local
governments — money that once would have been available to the state.
The state pays educational personnel admittedly not enough, but we provide
the base. We provide the school buses and pay the drivers.
Many small towns receive technical services such as planning assistance.
The Local Government Commission and the Institute of Government render
great service to local governments.
All these services and more are being provided already by the state and my
proposed Department of Local Affairs will give even greater assistance.
So, do not labor under the illusion that the state does not assist local govern-
ments, because it does in many ways.
I have stated many times that local governments must be strengthened. I
still hold that view.
But they can be strengthened best by changes in the law to allow more home
rule, consolidation of services, merging of governmental units, broader local
taxing powers, and more technical and long-range planning assistance by the
state.
Government cannot sit off in a special place — untouched, unscarred by the
rising cost before us in our daily lives. It cannot command such an isolated
position. We must meet its demands, just as we rise to meet the demands in
our personal lives. We must respond realistically to government's potential.
When we do, we are responding to the people.
For us not to take our place in what our State must do, we would be negligent
in meeting the responsibilities that the people have placed in us. In turn, I
want to do what I can to make our State more responsive to the evident needs
of our people — needs which can be met in the framework of reasonable thought
and action.
I believe you feel the same way. I have strong confidence that the people will
recognize our good intent, our mission, and our goals in the cooperative and con-
structive spirit that has marked our State in the past.
1969] HOUSE JOURNAL 125
As Governor, I welcome reaction of our people to what I have proposed; for
what we are doing must always be viewed to be in the public's interest.
And as I seek this public expression, I only ask that the people look con-
structively and devotedly to our State. I ask them and you to consider what
our State is now, what it should be and what it can be if we face our problems
and show courage and corrective efforts in doing our best for those who look
to us to do our best — meaning all the people of our State.
This budget, then, is open for appraisal by you and by the people. In turn,
I can see that if all of us face it and deal with it and make our decisions through
it, North Carolina certainly will be served well.
I am sure you know that I would not assume to tell you what to do or where
to levy taxes that will produce the additional money needed to render these
vital services to the people.
I have mentioned several sources and types of tax levies. These I recommend
as a result of careful and thoughtful study; these are suggested by me for your
consideration along with other sources and types which you may wish to con-
sider.
The decision as to where the money comes from is your decision. Your best
judgment will be acceptable to me. I urge you to levy such taxes as in your
judgment will be fair, reasonable, and sufficient to provide for the urgent needs
of the people of our State. I earnestly make these recommendations and sug-
gestions to you, and they are made without reservation.
I close with a quote from the famed jurist and poet, Oliver Wendell Holmes.
T find the great thing in the world is not so much where we stand as in what
direction we are moving. To reach the port — we must sail sometimes with
the wind and sometimes against it; but we must sail and not drift nor lie at
anchor'."
On motion of Senator McGeachy, the Joint Assembly dissolves. The Senate
repairs to its Chambers and the House resumes consideration of its business.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative McMillan, for the Committee on Alcoholic Beverage
Control:
H. B. 117, a bill to be entitled an act to amend General Statutes 18-77, so
as to regulate retail beer outlets in the City of Fayetteville.
With a favorable report, as amended.
By Representative Leatherman, for the Committee on Higher Education:
H. B. 13, a bill to be entitled an act to amend General Statutes 116-46.3 re-
lating to participation in sixth-year program of graduate instruction for super-
intendents, assistant superintendents, and principals of public schools.
126 HOUSE JOURNAL [Session
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 35, a bill to be entitled an act to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members of
the Board of Education of Onslow County.
With an unfavorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Beam:
H. B. 123, a bill to be entitled an act to authorize and empower the Marion
City Board of Education to convey the Mountain View High School property
to the Board of County Commissioners of McDowell County.
Referred to Committee on Local Government.
By Representatives Soles and Williamson:
H. B. 124, a bill to be entitled an act authorizing the City of Whiteville and
the Whiteville Airport Authority to convey airport property to Columbus
County.
Referred to Committee on Local Government.
By Representative Love:
H. B. 125, a bill to be entitled an act to amend Chapter 614, Session Laws of
1965, and General Statutes 153-9(17) relating to notice of closing of streets in
the City of Sanford.
Referred to Committee on Judiciary No. 1.
By Representatives Beard, and Jones of Rutherford.
H. B. 126, a bill to be entitled an act prohibiting the use of electronic sounding
devices in taking game and birds.
Referred to Committee on Wildlife Resources.
By Representative Auman:
H. B. 127, a bill to be entitled an act to amend General Statutes 160-61.1,
relating to the authority of municipalities to execute warranty deeds, so as to
make it applicable to Moore County.
Referred to Committee on Local Government.
By Representatives Clark and Mills:
H. B. 128, a bill to be entitled an act to amend Chapter 666 of the Session
Laws of 1967 to change the closing filing date from Saturday to Friday for
candidates for the Monroe City school Board of Education.
1969] HOUSE JOURNAL 127
Referred to Committee on Election Laws.
By Representatives DeBruhl and Stevens:
H. B. 129, a bill to be entitled an act to terminate pooled accounts and to
establish individual accounts of funds held by the Clerk of Superior Court,
Buncombe County.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 22, a bill to be entitled an act to improve and provide public schools
of a higher standard for the residents of Scotland Neck in Halifax County, to
establish the Scotland Neck City Administrative Unit, to provide for the ad-
ministration of the Public Schools in said administrative unit, to levy a special
tax for the Public Schools in said administrative unit, all of which shall be sub-
ject to the approval of the voters in a referendum or special election.
Passes its third reading as amended by the following vote and is ordered
engrossed and sent to the Senate.
Those voting in the affirmative are: Representatives Barbee, Barker, Barr,
Baugh, Beam, Boger, Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner,
Burrus, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss, Everett,
Falls, Fenner, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory,
Harkins, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson
of Duplin, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin,
Mauney, Mayfield, McFadyen, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stewart, Strickland, Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell,
Vogler, Watkins, Williamson, and Wills — 85.
Those voting in the negative are: Representatives Andrews, Auman, Beard,
Beatty, Billings, Blake, Campbell of Mecklenburg, Clark, Coble, Frye, Harris,
Haynes, Johnson of Cabarrus, Jones of Mecklenburg, McDaniel, McKnight,
McMillan of Robeson, Payne, Penny of Durham, Penny of Harnett, Penton,
Philips, Ridenour, Stanford, Stevens, Tart, Twiggs, Warlick, and Whitley —
29.
Representative McMillan of Wake votes "present".
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
Passes its third reading and is ordered sent to the Senate.
H. B. 96, a bill to be entitled an act to amend Chapter 48 of the General
Statutes to permit changing the name of an adopted person who is twenty-one
(21) or more years of age.
128 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
S. B. 23, a bill to be entitled an act to authorize joint appeals from the several
boards of equalization and review to the State Board of Assessments.
On motion of Representative Britt, the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered sent to the
Senate for concurrence in House amendment.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 105. A Joint Resolution honoring the memory of Benjamin Eagles
Fountain, former legislator.
S. J. R. 81. A Joint Resolution commemorating the life and memory of S.
Ray Byerly.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
TWENTY-SIX DAY
House of Representatives
Thursday, February 13, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
Mr. Speaker Vaughn recognizes Representative Harkins who approaches the
dais and presents David Lawrence Puttman, an outstanding Boy Scout who
made a few remarks about positive demonstration for our Country. On motion
of the Mecklenburg delegation, the courtesies of the gallery are extended the
Honorable David Y. McConnell, Ambassador to the United Nations, a Meck-
lenburg County citizen.
A leave of absence is granted Representative Billings for today.
report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 41, a bill to be entitled an act to amend Chapter 9 of the General
Statutes so as to permit persons sixty-five years of age or over to be excused
from jury duty.
1969] HOUSE JOURNAL 129
With an unfavorable report.
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes, Chapter 9, "Jurors".
With a favorable report, as amended.
By Representative Gentry, for the Committee on Election Laws:
H. B. 9, a bill to be entitled an act to amend General Statutes 163-46 so as to
increase the compensation for precinct registrars and judges.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
S. B. 61, a bill to be entitled an act to rewrite and clarify the statutory limi-
tation-upon-right to perform autopsy.
With a favorable report.
S. B. 66, a bill to be entitled an act to correct several separate state board,
commission and committee authorization acts to conform to General Statutes
138-5 with regard to the amount of per diem payments authorized for members.
With a favorable report.
On motion of Representative Hofler the bill is recommitted to Committee
on Appropriations.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 43, a bill to be entitled an act repealing Chapter 5 of the 1965 Session
Laws and amending a portion of Section 1 of Chapter 34 of the 1953 Session
Laws of North Carolina to revise and establish ward boundary lines of the City
of Gastonia.
With a favorable report, as amended.
H. B. 57, a bill to be entitled an act granting ordinance-making authority to
counties.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Person the substitute bill is adopted.
S. B. 33, a bill to be entitled an act to amend General Statutes 105-345 re-
lating to ad valorem property tax penalties and discounts in the Town of Drexel.
With a favorable report.
S. B. 37, a bill to be entitled an act to grant zoning authority outside the city
limits to the Town of Mount Pleasant in Cabarrus County.
With a favorable report.
130 HOUSE JOURNAL [Session
S. B. 39, a bill to be entitled an act to amend Chapter 302 of the Session Laws
of 1967, by changing and enlarging the membership of Board of Directors and
increasing benefits payable under the supplementary pension fund for firemen
in the Town of Mount Airy.
With a favorable report.
INTRODUCTION OP BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Jemison, McDaniel, Wills, McKnight and Horton:
H. B. 130, a bill to be entitled an act to amend Chapter 601 of the Session
Laws of North Carolina for the year 1947, as amended, authorizing the City
Manager of Winston-Salem to execute contracts, deeds, bonds, and all other
legal instruments in the name and on behalf of the city.
Referred to Committee on Local Government.
By Representative McKnight:
H. B. 131, a bill to be entitled an act to amend General Statutes 160-181.9
relating to definitions of open space areas, and General Statutes 160-181.10 to
delete Forsyth County.
Referred to Committee on Local Government.
By Representatives Rose, Carter, Raynor, Bryan, McMillan of Robeson and
Falls:
H. B. 132, a bill to be entitled an act to extend the corporate existence of Con-
federate Woman's Home.
Referred to Committee on Judiciary No. 1.
By Representative Tolbert:
H. B. 133, a bill to be entitled an act to repeal Chapter 503 of the Session Laws
of 1953 relating to the Recorder's Court at Mooresville, Iredell County, and
to amend Chapter 613 Public-Local Laws 1913.
Referred to Committee on Courts and Judicial Districts.
By Representative Johnson of Cabarrus:
H. B. 134, a bill to be entitled an act to amend General Statutes 14-132.1 so
as to increase the maximum punishment for demonstrations or assemblies of
persons kneeling or lying down in public buildings.
Referred to Committee on Judiciary No. 1.
By Representatives Ramsey of Person, Hofler, Godwin of Gates, Watkins
and Mohn:
1969] HOUSE JOURNAL 131
H. B. 135, a bill to be entitled an act to repeal General Statutes 15-162.1,
relating to a plea of guilty in first degree murder, first degree burglary, arson,
and rape.
Referred to Committee on Judiciary No. 2.
And,
H. B. 136, a bill to be entitled an act to amend General Statutes 14-21, 14-52,
and 14-58, relating to punishment for rape, first degree burglary, and arson.
Referred to Committee on Judiciary No. 2.
And,
H. B. 137, a bill to be entitled an act to amend General Statutes 14-17, re-
lating to punishment for murder.
Referred to Committee on Judiciary No. 2.
By Representatives Harris, Carter, Rose and Boshamer:
H. B. 138, a bill to be entitled an act to amend General Statutes 108-30.1 and
General Statutes 108-73. 12a relating to welfare liens.
Referred to Committee on Judiciary No. 1.
By Representatives Short, Coble, Frye, Payne, Phillips and Ridenour:
H. B. 139, a bill to be entitled an act amending and supplementing all laws
authorizing and providing for the issuance of bonds, notes or other obligations
of a unit within the meaning of the local government act to provide for the use
of facsimile seals and signatures.
Referred to Committee on Local Government.
By Representatives Payne, Coble, Johnson of Cabarrus, Phillips, McDaniel,
Taylor of Transylvania, Short and Frye:
H. B. 140, a bill to be entitled an act to allow professional personnel under
contract with the North Carolina public schools authority to claim reimburse-
ment for completed credit hours required by the North Carolina State Board
of Education and the State Department of Public Instruction to renew their
professional certificates.
Referred to Committee on Education.
By Representative Godwin of Gates:
H. B. 141, a bill to be entitled an act relating to right of appeal in drainage
district hearings.
Referred to Committee on Judiciary No. 1.
By Representative Campbell of Wilson:
H. B. 142, a bill to be entitled an act to amend General Statutes 20-17. 1(b),
General Statutes 20-23.1, General Statutes 20-141. 3(f), General Statutes
132 HOUSE JOURNAL [Session
20-279. 13(c), General Statutes 20-279.14, and General Statutes 20-279. 16(b),
to remove therefrom provisions relative to furnishing proof of financial responsi-
bility.
Referred to Committee on Highway Safety.
By Representatives Strickland, Phillips and Chase:
H. B. 143, a bill to be entitled an act to appropriate additional funds to
maintain, improve, stimulate, increase and expand local public library facilities
and operations in the State of North Carolina.
Referred to Committee on Library.
By Representatives Carter, Rose, Raynor and Bryan:
H. B. 144, a bill to be entitled an act relating to terms and election of officials
of the Town of Wade in Cumberland County.
Referred to Committee on Local Government.
By Representative Jernigan:
H. B. 145, a bill to be entitled an act to amend Chapter 93B of the General
Statutes to require occupational licensing boards to file annual reports with
the Attorney General's office.
Referred to Committee on Judiciary No. 1.
By Representatives Church and Speed:
H. B. 146, a bill to be entitled an act authorizing the Warren County ABC
Board to sell wines having alcoholic content of less than 14%.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Church and Speed:
H. B. 147, a bill to be entitled an act to amend General Statutes 18-45(8) to
authorize ABC Boards to sell at public auction real and personal property.
Referred to Committee on Alcoholic Beverage Control.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 6, a bill to be entitled an act so to amend Section 7 of Chapter 413 of
1963 Session Laws, relating to the Town of Morganton Board of Alcoholic
Beverage Control, so as to increase the share of net profits allocable to finding
alcoholism causes and cures and to broaden scope of activities authorized there-
for and for other purposes.
Referred to Committee on Alcoholic Beverage Control.
S. B. 75, a bill to be entitled an act to permit written declarations in lieu of
oaths before an officer.
1969] HOUSE JOURNAL 133
Referred to Committee on Judiciary No. 2.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 117, a bill to be entitled an act to amend General Statutes 18-77, so as
to regulate retail beer outlets in the City of Fayetteville.
On motion of Representative McMillan of Robeson the Committee amend-
ment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 13, a bill to be entitled an act to amend General Statutes 116-46.3
relating to participation in sixth-year program of graduate instruction for
superintendents, assistant superintendents, and principals of public schools.
Passes its second and third readings and is ordered sent to the Senate.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10:00 o'clock A. M.
TWENTY-SEVENTH DAY
House of representatives
Friday, February 14, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
A leave of absence is granted Representative Carson for two weeks.
A leave of absence is granted Representative Penton for today.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Boger :
H. B. 148, a bill to be entitled an act to require the Board of Education of
Davie County to furnish to the Board of County Commissioners of Davie
County a quarterly financial report.
Referred to Committee on Education.
134 HOUSE JOURNAL [Session
By Representatives Messer, Roberson, Harkins, Ramsey of Madison, De-
Bruhl, Twiggs, Stevens, Beam, Royall, Clark, Reid, and Penny of Durham:
H. B. 149, a bill to be entitled an act to amend the minimum wage act.
Referred to Committee on Manufacturers and Labor.
By Representative Paschall:
H. B. 150, a bill to be entitled an act to increase the compensation of the
County Commissioners of Wilson County.
Referred to Committee on Local Government.
By Representatives Baugh, Leatherman, Stewart, Carson, Harkins, Johnson
of Cabarrus, Campbell of Mecklenburg, Beard, Troxell, Mills, Bumgardner,
Mauney, Jones of Mecklenburg, Short, Clark and Stevens:
H. B. 151, a bill to be entitled an act to amend Chapter 105 of the General
Statutes by inserting a new article therein imposing a tax on certain tobacco
products.
Referred to Committee on Finance.
By Representatives Hofler and Royall:
H. B. 152, a bill to be entitled an act to amend General Statutes 24-8, which
permits an 8% interest rate, so as to include foreign or domestic real estate in-
vestment trusts.
Referred to Committee on Banks and Banking.
By Representative Penny of Harnett:
H. B. 153, a bill to be entitled an act amending General Statutes 7A-171 re-
lating to the appointment of magistrates so as to provide for their appointment
by the chief district judge.
Referred to Committee on Courts and Judicial Districts.
And,
H. B. 154, a bill to be entitled an act to amend Chapter 508 of the Session
Laws of 1947 so as to permit Harnett County to release certain restrictions on
hospital property.
Referred to Committee on Local Government.
By Representative Soles:
H. B. 155, a bill to be entitled an act to amend the General Statutes with
regard to physicians qualified to treat Workmen's Compensation claimants in
North Carolina.
Referred to Committee on Manufacturers and Labor.
By Representatives Raynor, Carter, Mohn, Bumgardner, Rose and William-
son:
1969] HOUSE JOURNAL 135
H. B. 156, a bill to be entitled an act to amend General Statutes 14-145 to
prohibit posting of political advertisements on property without permission
of the owner.
Referred to Committee on Election Laws.
By Representative Mills:
H. B. 157, a bill to be entitled an act to appropriate funds for the restoration
and maintenance of the Boggan-Hammond House in Anson County.
Referred to Committee on Appropriations.
By Representative Ramsey of Person:
H. B. 158, a bill to be entitled an act to amend General Statutes 20-116 (d)
pertaining to the size of vehicles and extending the length of certain trucks.
Referred to Committee on Highway Safety.
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 34, a bill to be entitled an act to amend various sections of the General
Statutes to take into account the existence of the Court of Appeals.
Referred to Committee on Courts and Judicial Districts.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 43, a bill to be entitled an act repealing Chapter 5 of the 1965 Session
Laws and amending a portion of Section 1 of Chapter 34 of the 1953 Session
Laws of North Carolina to revise and establish ward boundary lines of the City
of Gastonia.
On motion of Representative Stewart, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
S. B. 33, a bill to be entitled an act to amend General Statutes 105-345 re-
lating to ad valorem property tax penalties and discounts in the Town of Drexel.
On motion of Representative Fulton, consideration of the bill is postponed
until Monday night, February 17, 1969.
S. B. 37, a bill to be entitled an act to grant zoning authority outside the
city limits to the town of Mount Pleasant in Cabarrus County.
Passes its second and third readings and is ordered enrolled.
S. B. 39, a bill to be entitled an act to amend Chapter 302 of the Session Laws
of 1967, by changing and enlarging the membership of Board of Directors and
increasing benefits payable under the supplementary pension fund for firemen
in the Town of Mount Airy.
136 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered enrolled.
H. B. 9, a bill to be entitled an act to amend General Statutes 163-46 so as to
increase the compensation for precinct registrars and judges.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 57, a bill to be entitled an act granting ordinance-making authority
to counties.
On motion of Representative Harkins, consideration of the bill is postponed
until Tuesday, February 18, 1969.
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
On motion of Representative Short, the Committee amendment is adopted.
On motion of Representative Ramsey of Person, further consideration of
the bill is postponed until Tuesday, February 18, 1969.
S. B. 61, a bill to be entitled an act to rewrite and clarify the statutory limi-
tation-upon-right to perform autopsy.
On motion of Representative Hofler, consideration of the bill is postponed
until Tuesday, February 18, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State;
S. B. 23. An act to authorize joint appeals from the several Boards of Equali-
zation and Review to the State Board of Assessments.
H. B. 44. An act to amend the Charter of the City of Lenoir, Chapter 487 of
the Session Laws of 1967, to fix the organization meeting of the City Council.
H. B. 56. An act to make the eight year statute of limitations on ad valorem
tax refunds contained in General Statutes 105-405.1 applicable in Cumberland
County and Fayetteville by repealing Chapter 676 of the Session Laws of 1959.
H. B. 76. An act amending General Statutes 47-17.1 so as to require that
certain papers and documents registered in Pitt County show thereon the name
of the draftsman.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet Saturday at ten o'clock A. M.
TWENTY-EIGHTH DAY
House of Representatives
Saturday, February 15, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative McMillan of Wake, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
1969] HOUSE JOURNAL 137
Prayer is offered by Mr. Harold Pope, a member of the Sergeant-at-Arms
Staff.
Without objection the Journal of Friday stands approved as written.
On motion of Representative Twiggs, duly seconded, the House adjourns to
meet Monday, February 17, 1969 at 8:00 P. M.
TWENTY-NINTH DAY
House of Representatives
Monday Night, February 17, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Eagles, for the Committee on the Rules and Operation of the
House, reports the Journal of Saturday has been examined, found correct, and
without objection the same stands approved as written.
A leave of absence is granted Representative Beatty for tonight.
On motion of Representative Short, S. B. 5, entitled "a bill to be entitled an
act to make certain technical and clarifying amendments to General Statutes
Chapter 9, 'Jurors'," is withdrawn from the calendar for Tuesday, February
19, 1969 and re-referred to the Committee on Courts and Judicial Districts.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Moore:
H. B. 159, a bill to be entitled an act appropriating funds to the Department
of Conservation & Development for the purchase and operation of a forest fire
control plowing unit for Pender County.
Referred to Committee on Appropriations.
By Representatives Twiggs, McMillan of Wake, and McKnight:
H. B. 160, a bill to be entitled an act to amend Chapters 14 and 15 of the
General Statutes so as to abolish capital punishment.
Referred to Committee on Judiciary No. 2.
By Representatives McDaniel, Jemison, Horton, Wills and McKnight:
H. B. 161, a bill to be entitled an act applicable to Winston-Salem only,
amending General Statutes 160-175.
Referred to Committee on Judiciary No. 2.
138 HOUSE JOURNAL [Session
By Representatives Messer, Ramsey of Madison, Jones of Rutherford,
Harkins, DeBruhl, Stevens, Falls and Beam:
H. B. 162, a bill to be entitled an act to provide for the nomination and
election of the Board of County Commissioners of Cherokee County.
Referred to Committee on Local Government.
By Representatives McMillan of Robeson, Speros, and Campbell of Robeson:
H. J. R. 163, a joint resolution honoring the life and memory of Paul Herman
Thompson who served his State and County with honor, devotion and distinc-
tion.
On motion of Representative McMillan of Robeson, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Short, Coble, Rountree, Reid, Snyder, and Ridenour:
H. B. 164, a bill to be entitled an act to provide legal representation for indi-
gent persons, to strengthen the assigned counsel system, to establish a public
defender in certain judicial districts, and for other related purposes.
Referred to Committee on Courts and Judicial Districts.
By Representative Mohn:
H. B. 165, a bill to be entitled an act to amend General Statutes 20-179,
General Statutes 20-17 (2) and General Statutes 20-19 pertaining to penalties for
driving while under the influence of intoxicating liquor or narcotic drugs and
providing for rehabilitation treatment and mandatory jail sentences.
Referred to Committee on Highway Safety.
By Representative Euliss:
H. B. 166, a bill to be entitled an act to amend General Statutes 20-118 con-
cerning axle weights.
Referred to Committee on Highway Safety.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 42, a bill to be entitled an act to amend General Statutes 20-279.21
relating to motor vehicle liability policies so as to provide that default judg-
ments taken against insureds shall not be used as a basis for judgment against
an insurer unless such insurer has had reasonable notice of the pendency of
suit against its insured and an opportunity to defend.
Referred to Committee on Insurance.
1969] HOUSE JOURNAL 139
S. B. 45, a bill to be entitled an act to amend General Statutes 14-128 and
General Statutes 14-134.1 so as to increase penalty for violations.
Referred to Committee on Judiciary No. 2.
S. B. 78, a bill to be entitled an act to correct certain errors in the General
Statutes.
Referred to Committee on Judiciary No. 1.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 33, a bill to be entitled an act to amend General Statutes 105-345 re-
lating to ad valorem property tax penalties and discounts in the Town of Drexel.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. B. 37. An Act to grant zoning authority outside the city limits of the
Town of Mount Pleasant in Cabarrus County.
S. B. 39. An Act to amend Chapter 302 of the Session Laws of 1967, by
changing and enlarging the membership of Board of Directors and increasing
benefits payable under the supplementary pension fund for firemen in the Town
of Mount Airy.
H. B. 32. An Act to modify the motor vehicle restrictions pertaining to
passing at railroad intersections.
H. B. 77. An Act amending General Statutes 30-15 so as to increase the
year's allowance of a surviving spouse to two thousand dollars.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
THIRTIETH DAY
House of Representatives
Tuesday, February 18, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
140 HOUSE JOURNAL [Session
Prayer is offered by the Reverend John Baxley, State Chaplain of the North
Carolina Jaycees.
Representative Collins, for the Committee on the Rules and Operation of
the House, reports the Journal of Monday night has been examined, found
correct, and without objection the same stands approved as written.
On motion of Representative Johnson of Cabarrus, the rules are suspended
in order that he may introduce to the House a special guest, Mr. Jim Church,
President of the North Carolina Jaycees. Representative Johnson escorts Mr.
Church to the dais where Mr. Church makes a few remarks.
Mr. Speaker Vaughn extends the courtesies of the gallery and floor to Mrs.
Annie E. Cooper, former Principal Clerk of the House.
A leave of absence is granted Representative Phillips for tomorrow.
REPORT OP COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Paschall, for the Committee on Highway Safety:
H. B. 84, a bill to be entitled an act amending General Statutes 20-1 1(b) re-
lating to automobile operators learners' permits so as to permit night driving
with such permit.
With a favorable report.
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for a North Carolina driver's license to surrender any out-
of-state licenses previously issued to him.
With a favorable report, as amended.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 31, a bill to be entitled an act relating to the receipt of unordered
merchandise so as to provide that the recipient thereof is not liable for the
payment thereof.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Godwin of Gates the substitute bill is adopted.
H. B. 61, a bill to be entitled an act to amend Article 1 of Chapter 87 of the
General Statutes so as to increase from $20,000.00 to $35,000.00 the cost of an
undertaking which will require a contractor to have a general contractor's
license.
1969] HOUSE JOURNAL 141
With an unfavorable report.
H. B. 97, a bill to be entitled an act amending General Statutes 20-179 so as
to limit the first and second offenses of driving under the influence of intoxi-
cating liquor or narcotic drugs to six months imprisonment.
With a favorable report, as amended.
H. B. 125, a bill to be entitled an act to amend Chapter 614, Session Laws
of 1965, and General Statutes 153-9(17) relating to notice of closing of streets
in the City of Sanford.
With a favorable report.
H. B. 145, a bill to be entitled an act to amend Chapter 93B of the General
Statutes to require occupational licensing boards to file annual reports with
the Attorney General's office.
With a favorable report.
By Representative Hofier, for the Committee on Judiciary No. 2:
H. B. 60, a bill to be entitled an act to authorize and make uniform the pro-
cedure making a gift of all or part of a human body after death for specified
purposes.
With a favorable report, as amended.
H. B. 90, a bill to be entitled an act to amend General Statutes 14-401.9 to
provide for removal of illegally parked motor vehicles from private parking lots.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Hofier the substitute bill is adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Jones of Rutherford, Taylor of Transylvania, and Johnson
of Cabarrus:
H. J. R. 167, a House joint resolution designating February 18, 1969, as
Jaycee Day in the General Assembly.
On motion of Representative Johnson of Cabarrus the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Passes its second and third readings and is ordered sent to the Senate.
142 HOUSE JOURNAL [Session
By Representative Jones of Rutherford:
H. B. 168, a bill to be entitled an act to amend Article X, Section 2, of the
Constitution of North Carolina to increase homestead exemption of two thou-
sand dollars.
Referred to Committee on Constitutional Amendment.
By Representatives Moore and Johnson of Duplin:
H. B. 169, a bill to be entitled an act relating to hunting from public roads
in Duplin and Pender Counties.
Referred to Committee on Wildlife Resources.
By Representative Clark:
H. B. 170, a bill to be entitled an act to authorize the Monroe City Board of
Education to convey certain property to the City of Monroe.
Referred to Committee on Judiciary No. 2.
By Representatives Barbee, Baugh, Beatty, Carson, Church, Fenner, Gentry,
Green, Jones of Mecklenburg, Mauney, McMillan of Wake, Moore, Ridenour,
Rountree, Royall, Strickland, Vogler, Beard, Jemison and Covington:
H. B. 171, a bill to be entitled an act to amend Section 2, Article II, of the
North Carolina Constitution so as to provide for annual sessions of the General
Assembly.
Referred to Committee on Constitutional Amendments.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 73, a bill to be entitled an act to amend General Statutes 20-7(f) to
permit a person temporarily residing outside North Carolina to renew an
operator's license by mail.
Referred to Committee on Highway Safety.
S. B. 89, a bill to be entitled an act to amend Chapter 614, Session Laws of
1965, and General Statutes 153-9(17) relating to notice of closing of streets in
the City of Sanford.
Referred to Committee on Local Government.
S. B. 90, a bill to be entitled an act to amend Chapter 989, Session Laws of
1967, to clarify election procedures in annexed areas.
Referred to Committee on Election Laws.
1969] HOUSE JOURNAL 143
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 57, a bill to be entitled an act granting ordinance-making authority
to counties.
Passes its second reading.
Upon objection to the third reading by Representative Holshouser, the bill
remains on the Calendar.
S. B. 61, a bill to be entitled an act to rewrite and clarify the statutory limi-
tation-upon-right to perform autopsy.
Representative Bumgardner offers an amendment.
On motion of Representative Andrews the bill and amendment is recommitted
to the Committee on Judiciary No. 2.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 33. An Act to amend General Statutes 105-345 relating to ad valorem
property tax penalties and discounts in the Town of Drexel.
On motion of Representative Eagles, duly seconded, the House adjourns to
meet tomorrow at 12:00 o'clock noon.
THIRTY-FIRST DAY
House of Representatives
Wednesday, February 19, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Beatty and Coble for tomorrow
and Friday.
144 HOUSE JOURNAL [Session
On motion of Representative Jones of Rutherford, the courtesies of the floor
are extended to the Honorable Thurston Arledge, a former member of the
House from Polk County.
On motion of Representatives Paschall and Britt, the courtesies of the floor
are extended to the Honorable Adam J. Whitley, Jr., a former Senator and
member of the House from Johnston County.
On motion of Representative Boshamer, the courtesies of the floor are ex-
tended to the Honorable Tom Bennett, a former member of the House from
Carteret County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 146, a bill to be entitled an act authorizing the Warren County ABC
Board to sell wines having alcoholic content of less than 14%.
With a favorable report.
H. B. 147, a bill to be entitled an act to amend General Statutes 18-45 (8)
to authorize ABC Boards to sell at public auction real and personal property.
With a favorable report.
S. B. 6, a bill to be entitled an act so to amend Section 7 of Chapter 413 of
1963 Session laws, relating to the Town of Morganton Board of Alcoholic
Beverage Control, so as to increase the share of net profits allocable to finding
alcoholism causes and cures and to broaden scope of activities authorized there-
for and for other purposes.
With a favorable report.
By Representative Eagles, for the Committee on Banks and Banking:
H. B. 58, a bill to be entitled an act to amend General Statutes 24-10 re-
lating to 7% interest on residential loans so as to permit 7% interest on certain
church building and improvement loans.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 133, a bill to be entitled an act to repeal Chapter 503 of the Session
Laws of 1953 relating to the Recorder's Court at Mooresville, Iredell County,
and to amend Chapter 613 Public-Local Laws 1913.
With a favorable report.
1969] HOUSE JOURNAL 145
By Representative Gentry, for the Committee on Election Laws:
H. B. 98, a bill to be entitled an act amending Chapter 1063 of the Session
Laws of 1967, so as to provide that General Statute 163-117 shall not apply to
the seats in the House of Representatives for the Thirtieth District.
With a favorable report.
H. B. 128, a bill to be entitled an act to amend Chapter 666 of the Session
Laws of 1967 to change the closing filing date from Saturday to Friday for can-
didates for the Monroe City School Board of Education.
With a favorable report.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 75, a bill to be entitled an act to amend General Statutes 20-114.1
making unlawful the act of disobeying the directions of an officer directing
traffic.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Paschall, the substitute bill is adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Roberson and Burrus:
H. J. R. 172, a joint resolution honoring the memory of Clifton Linwood Bell,
former member of the House of Representatives from Hyde County.
On motion of Representative Roberson, the rules are suspended and the bill
is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF CLIFTON
LINWOOD BELL, FORMER MEMBER OF THE HOUSE OF REPRE-
SENTATIVES FROM HYDE COUNTY.
WHEREAS, Clifton Linwood Bell was born February 2, 1891, and died
January 1, 1969, after a lifetime of distinguished and honorable service to his
State and to his county of Hyde; and
WHEREAS, in the death of Mr. Bell the State has lost a highly capable
citizen who devoted his time, energy and talents to the betterment of the State,
serving as a Representative from Hyde County in the 1921, 1945 and 1947
Sessions of the General Assembly; and
146 HOUSE JOURNAL [Session
WHEREAS, Mr. Bell was a heroic veteran of World War I, having served
a year overseas as an infantryman on the Western Front, and having fought
in the battles of Ypres, BelliCourt and Axincourt; and
WHEREAS, in his home county Mr. Bell was a lawyer, and for eight years
served as Clerk of Superior Court; and
WHEREAS, Mr. Bell, during a long and successful career, set a very high
standard of personal conduct, evidencing in both his personal and private life
unquestioned integrity, loyalty to the Democratic Party, unflagging interest
in justice and the well-being of all people, and conducted himself as a great and
charming gentleman:
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That in the passing of Clifton Linwood Bell, North Carolina, the
County of Hyde, and the Town of Swan Quarter have lost an able legislator,
an outstanding citizen, and a dedicated lawyer, whose affection and devotion
for his own people were expressed in a lifetime of public service.
Sec. 2. That a copy of this Resolution be spread upon the minutes of both
the House of Representatives and the Senate, and that a copy of this Resolution
shall be duly certified by the Secretary of State and by him transmitted to the
family of Clifton Linwood Bell.
Sec. 3. This Resolution shall become effective upon its adoption."
By Representative Rountree:
H. B. 173, a bill to be entitled an act to amend General Statutes 163-106
regarding the pledge of a candidate.
Referred to Committee on Election Laws.
By Representative Rountree and Reid:
H. B. 174, a bill to be entitled an act to amend General Statutes 163-30 re-
garding the oath of office for County Boards of Elections.
Referred to Committee on Election Laws.
By Representatives Roberson, Burrus and McKnight:
H. B. 175, a bill to be entitled an act to provide that the issuance of bonds
after a bond order takes effect shall be extended by the period of time within
which such bonds could not be issued because of litigation.
Referred to Committee on Banks and Banking.
By Representative Mayfield:
H. B. 176, a bill to be entitled an act to repeal Chapter 1113 of the 1967
Session Laws providing for the non-partisan election of the Henderson County
Board of Education and the extension of the terms of office of the members
of the Henderson County Board of Education so as to provide for the non-
partisan election of the entire membership of the Henderson County Board
of Education at the 1970 regular general County election.
1969] HOUSE JOURNAL 147
Referred to Committee on Local Government.
By Representatives Burrus and Roberson:
H. B. 177, a bill to be entitled an act to amend Chapter 148 of the Session
Laws of 1963 and Chapter 152 of the Session Laws of 1967 relating to the Charter
of the Town of Nags Head and to amend said charter relating to the election
of the members of the governing body of said town.
Referred to Committee on Local Government.
By Representative Taylor of Transylvania:
H. B. 178, a bill to be entitled an act authorizing the Board of Commissioners
for the County of Transylvania to fix the fees to be paid to the jailer for said
County.
Referred to Committee on Local Government.
And,
H. B. 179, a bill to be entitled an act to amend section 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Boards of County Commissioners of Jackson, Transylvania, and
Swain Counties to prescribe regulations relating to the listing of property for
taxation in those counties.
Referred to Committee on Local Government.
By Representatives Horton, McKnight, McDaniel, Jemison and Wills:
H. B. 180, a bill to be entitled an act amending the charter of the City of
Winston-Salem.
Referred to Committee on Local Government.
By Representatives Reid, Jones of Rutherford, Penton, Soles, Rountree and
Snead:
H. B. 181, a bill to be entitled an act to amend General Statutes 31-1 to
authorize any person of sound mind, and 18 years of age or over, to make a will.
Referred to Committee on Judiciary No. 2.
By Representative Mohn:
H. B. 182, a bill to be entitled an act to amend General Statutes 1-315, re-
lating to levy on property subject to sale under execution.
Referred to Committee on Judiciary No. 2.
By Representative Strickland:
H. B. 183, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for President of the
United States.
Referred to Committee on Election Laws.
By Representatives Church and Speed:
148 HOUSE JOURNAL [Session
H. B. 184, a bill to be entitled an act to amend Article 21, Chapter 130, of
the General Statutes to exempt County Medical Examiners from the prohibition
against double office holding.
Referred to Committee on Constitutional Amendments.
By Representative Messer:
H. B. 185, a bill to be entitled an act to amend General Statutes 18-51 so as
to prohibit the transportation of alcoholic beverages in vehicles for hire unless
such beverages belong to a passenger therein.
Referred to Committee on Alcoholic Beverage Control.
By Representative Twiggs:
H. B. 186, a bill to be entitled an act to amend and supplement "The Revenue
Act", being Subchapter I of Chapter 105 of the General Statutes, by adding
thereto a new article imposing a soft drinks license tax.
Referred to Committee on Finance.
By Representatives Stewart, Bumgardner, Speros, Payne, Leatherman,
Raynor, DeBruhl, Twiggs, Coble and Kincaid:
H. B. 187, a bill to be entitled an act to provide salaries for public school per-
sonnel to the national average and to maintain the national average through the
biennium 1969-1971.
Referred to Committee on Appropriations.
By Representative Leatherman:
H. B. 188, a bill to be entitled an act to amend North Carolina General
Statutes 116-45(5) defining the primary purpose of Elizabeth City State College,
Fayetteville State College, and Winston-Salem State College.
Referred to Committee on Higher Education.
By Representative Martin:
H. B. 189, a bill to be entitled an act to amend Chapter 105 of the General
Statutes by inserting a new article therein imposing a tax on cigarettes and by
inserting therein another new article imposing a tax on soft drinks.
Referred to Committee on Finance.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 57, a bill to be entitled an act granting ordinance-making authority to
counties.
Representative Rhyne offers an amendment.
On motion of Representative Harkins, consideration of the bill and amend-
ment is postponed until tomorrow, February 20, 1969.
1969] HOUSE JOURNAL 149
H. B. 31, a bill to be entitled an act relating to the receipt of unordered mer-
chandise so as to provide that the recipient thereof is not liable for the payment
thereof.
On motion of Representative Godwin of Gates, consideration of the bill is
postponed until tomorrow, February 20, 1969.
H. B. 60, a bill to be entitled an act to authorize and make uniform the pro-
cedure making a gift of all or part of a human body after death for specified
purposes.
On motion of Representative Jones of Mecklenburg, the Committee amend-
ments are adopted.
Representative Johnson of Wake offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 84, a bill to be entitled an act amending General Statutes 20-ll(b)
relating to automobile operators learners' permits so as to permit night driving
with such permit.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 90, a bill to be entitled an act to amend General Statutes 14-401.9 to
provide for removal of illegally parked motor vehicles from private parking
lots.
On motion of Representative Hofler, consideration of the bill is postponed
until tomorrow, February 20, 1969.
H. B. 97, a bill to be entitled an act amending General Statutes 20-179 so as
to limit the first and second offenses of driving under the influence of intox-
icating liquor or narcotic drugs to six months imprisonment.
On motion of Representative Short, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for a North Carolina driver's license to surrender any out-
of-state licenses previously issued to him.
On motion of Representative Paschall, the Committee amendments are
adopted.
On motion of Representative Rountree, the bill is re-referred to the Committee
on Judiciary No. 1.
H. B. 125, a bill to be entitled an act to amend Chapter 614, Session Laws of
1965, and General Statutes 153-9(17) relating to notice of closing of streets in
the City of Sanford.
On motion of Representative Love, consideration of the bill is postponed
until Friday, February 21, 1969.
150 HOUSE JOURNAL [Session
H. B. 145, a bill to be entitled an act to amend Chapter 93B of the General
Statutes to require occupational licensing boards to file annual reports with
the Attorney General's Office.
Passes its second reading.
Representative Baugh objects to third reading and the bill remains on the
Calendar.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. J. R. 163. A Joint Resolution honoring the life and memory of Paul
Herman Thompson who served his state and county with honor, devotion and
distinction.
H. J. R. 167. A House Joint Resolution designating February 18, 1969, as
Jaycee Day in the General Assembly.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
THIRTY-SECOND DAY
House of Representatives
Thursday, February 20, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Clark, the courtesies of the floor are extended
to the Honorable Henry Hall Wilson, a former member of the House from Union
County and now President of the Chicago Board of Trade.
On motion of Representative Clark, the courtesies of the floor are extended
to the Honorable Frank Pittman, a former member of the House from Halifax
County.
report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
1969] HOUSE JOURNAL 151
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for North Carolina driver's license to surrender any out-of-
state licenses previously issued to him.
With a favorable report, as amended.
H. B. 138, a bill to be entitled an act to amend General Statutes 108-30.1 and
General Statutes 108.73.12a relating to welfare liens.
With a favorable report.
S. B. 64, a bill to be entitled an act to amend General Statutes 1-239 (b) so as
to permit waiver of notice by attorneys of record in certain cases.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2.:
H. B. 170, a bill to be entitled an act to authorize the Monroe City Board of
Education to convey certain property to the City of Monroe.
With a favorable report.
S. B. 45, a bill to be entitled an act to amend General Statutes 14-128 and
General Statutes 14-134.1 so as to increase penalty for violations.
With a favorable report, as amended.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 88, a bill to be entitled an act authorizing the City of Greensboro to
convey a fee simple determinable estate in 10.41 acres of land to the Greens-
boro Police Club, Incorporated.
With a favorable report.
H. B. 101, a bill to be entitled an act creating the Charlotte-Mecklenburg
Charter Commission and providing for an election upon the consolidation of
the governments of the municipalities within, and the County of Mecklenburg.
With a favorable report, as amended.
H. B. 107, a bill to be entitled an act to make Hoke County "Stock Law
Territory".
With a favorable report.
H. B. 112, a bill to be entitled an act to authorize the Cumberland County
ABC Board to establish a retirement system.
With a favorable report.
H. B. 123, a bill to be entitled an act to authorize and empower the Marion
City Board of Education to convey the Mountain View High School property
to the Board of County Commissioners of McDowell County.
With a favorable report.
152 HOUSE JOURNAL [Session
H. B. 124, a bill to be entitled an act authorizing the City of Whiteville and
the Whiteville Airport Authority to convey airport property to Columbus
County.
With a favorable report.
H. B. 129, a bill to be entitled an act to terminate pooled accounts and to
establish individual accounts of funds held by the Clerk of Superior Court,
Buncombe County.
With a favorable report.
H. B. 130, a bill to be entitled an act to amend Chapter 601 of the Session
Laws of North Carolina for the year 1947, as amended, authorizing the City
Manager of Winston-Salem to execute contracts, deeds, bonds, and all other
legal instruments in the name and on behalf of the city.
With a favorable report.
H. B. 131, a bill to be entitled an act to amend General Statutes 160-181.9
relating to definitions of open space areas, and General Statutes 160-181.10 to
delete Forsyth County.
With a favorable report.
H. B. 139, a bill to be entitled an act amending and supplementing all laws
authorizing and providing for the issuance of bonds, notes or other obligations
of a unit within the meaning of the local government act to provide for the use
of facsimile seals and signatures.
With a favorable report.
H. B. 144, a bill to be entitled an act relating to terms and election of officials
of the Town of Wade in Cumberland County.
With a favorable report.
H. B. 162, a bill to be entitled an act to provide for the nomination and election
of the Board of County Commissioners of Cherokee County.
With a favorable report.
S. B. 20, a bill to be entitled an act to amend Chapter 272 of the Public-Local
Laws of 1929 so as to allow the Executive Committee to set the salary of the
Winston-Salem and Forsyth County Peace Officers' Protective Association.
With a favorable report.
S. B. 89, a bill to be entitled an act to amend Chapter 614, Session Laws of
1965, and General Statutes 153-9(17) relating to notice of closing of streets in
the City of Sanford.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
1969] HOUSE JOURNAL 153
By Representatives Bumgardner, Stewart and DeBruhl:
H. B. 190, a bill to be entitled an act relating to funeral and burial trust funds.
Referred to Committee on Banks and Building.
By Representatives Ridenour, Phillips, Payne, Rose, Coble, Fenner, Beard,
Snead, Campbell of Mecklenburg, Clark and Short:
H. B. 191, a bill to be entitled an act making prison terms mandatory for the
use of firearms in the commission of crimes.
Referred to Committee on Judiciary No. 1.
By Representative Snead:
H. B. 192, a bill to be entitled an act amending General Statutes 153-9(353-^)
and 153-9(35?4) relating to the authority of Boards of County Commissioners
to expend nontax and tax revenues for soil and water conservation so as to make
said statutes applicable to New Hanover County.
Referred to Committee on Local Government.
By Representatives McMillan of Robeson, Leatherman and Campbell of
Robeson:
H. B. 193, a bill to be entitled an act to amend North Carolina General
Statutes 116-45(2) defining the primary purpose of Pembroke State College.
Referred to Committee on Higher Education.
By Representatives Vogler, Baugh, Beatty, Carson, Campbell of Mecklen-
burg, and Jones of Mecklenburg:
H. B. 194, a bill to be entitled an act to amend Chapter 713 of the Session
Laws of 1965, being the Charter of the City of Charlotte in Mecklenburg
County.
Referred to Committee on Local Government.
By Representative Messer:
H. B. 195, a bill to be entitled an act to amend General Statutes 20-141(b)(5)
increasing the maximum speed to 70 miles per hour.
Referred to Committee on Highway Safety.
By Representative Billings:
H. B. 196, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Wilkes County.
Referred to Committee on Local Government.
By Representative Taylor of Transylvania:
H. B. 197, a bill to be entitled an act to amend General Statutes 162-5 per-
taining to the procedure for filling a vacancy in the office of Sheriff.
Preferred to Committee on Judiciary No. 1.
154 HOUSE JOURNAL [Session
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
Returned for concurrence.
On motion of Representative Gregory, further consideration of the bill is
postponed until tomorrow, February 21, 1969.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 128, a bill to be entitled an act to amend Chapter 666 of the Session
Laws of 1967 to change the closing filing date from Saturday to Friday for candi-
dates for the Monroe City School Board of Education.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 133, a bill to be entitled an act to repeal Chapter 503 of the Session
Laws of 1953 relating to the Recorder's Court at Mooresville, Iredell County,
and to amend Chapter 613 Public-Local Laws 1913.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 146, a bill to be entitled an act authorizing the Warren County ABC
Board to sell wines having alcoholic content of less than 14%.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 6, a bill to be entitled an act so as to amend Section 7 of Chapter 413 of
1963 Session Laws, relating to the Town of Morganton Board of Alcoholic
Beverage Control, so as to increase the share of net profits allocable to finding
alcoholism causes and cures and to broaden scope of activities authorized there-
for and for other purposes.
Passes its second and third readings and is ordered enrolled.
H. B. 57, a bill to be entitled an act granting ordinance-making authority to
counties.
The amendment offered by Representative Rhyne on Wednesday, February
20, 1969 is adopted.
Passes its third reading, as amended, and is ordered engrossed and sent, to the
Senate.
H. B. 145, a bill to be entitled an act to amend Chapter 93B of the General
Statutes to require occupational licensing boards to file annual reports with the
Attorney General's office.
Passes its third reading and is ordered sent to the Senate.
1969] HOUSE JOURNAL 155
H. B. 31, a bill to be entitled an act relating to the receipt of unordered mer-
chandise so as to prov de that the recipient thereof is not liable for the payment
thereof.
Passes its second reading.
Representative Johnson of Wake objects to the third reading and the bill
remains on the Calendar.
H. B. 58, a bill to be entitled an act to amend General Statutes 24-10 relating
to 7% interest on residential loans so as to permit 7% interest on certain church
building and improvement loans.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 75, a bill to be entitled an act to amend General Statutes 20-114.1
making unlawful the act of disobeying the directions of an officer directing
traffic.
Representative Andrews offers an amendment which is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 90, a bill to be entitled an act to amend General Statutes 14-401.9 to
provide for removal of illegally parked motor vehicles from private parking
lots.
Passes its second reading.
Representative Short objects to the third reading and the bill remains on the
Calendar.
H. B. 98, a bill to be entitled an act amending Chapter 1063 of the Session
Laws of 1967, so as to provide that General Statute 163-117 shall not apply to
the seats in the House of Representatives for the Thirtieth District.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 147, a bill to be entitled an act to amend General Statutes 18-45(8) to
authorize ABC Boards to sell at public auction real and personal property.
Passes its second and third readings and is ordered sent to the Senate.
On motion of Representative Eagles, duly seconded, the House adjourns to
meet tomorrow at ten o'clock A. M.
THIRTY-THIRD DAY
House of Representatives
Friday, February 21, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
156 HOUSE JOURNAL [Session
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
On motion of Representative Clark of Union, the Honorable Henry Hall
Wilson, a former member of the House from Union County, approaches the
dais and makes a few remarks.
A leave of absence is granted Representatives Barbee and Bumgardner for
today.
On motion of Representative Ramsey of Person, H. B. 90, entitled "a bill to
be entitled an act to amend General Statutes 14-401.9 to provide for removal
of illegally parked motor vehicles from private parking lots." is taken from
today's calendar.
On motion of Representative Ramsey the vote by which H. B. 90 passed its
second reading on Thursday, February 20, 1969 is reconsidered. On motion
of Representative Ramsey of Person, the bill is re-referred to the Committee
on Judiciary No. 2.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Williamson:
H. B. 198, a bill to be entitled an act to repeal Chapter 1096 of the Session
Laws of 1967 which enabled Mecklenburg County to impose a sales and use tax.
Referred to Committee on Finance.
By Representative Euliss:
H. B. 199, a bill to be entitled an act to amend General Statutes 20-13(e) and
General Statutes 20-24(c) concerning the definition of conviction.
Referred to Committee on Highway Safety.
By Representatives Speed and Church:
H. B. 200, a bill to be entitled an act to amend the charter of the Town of
Littleton to remove limitation on value of estate and property.
Referred to Committee on Local Government.
By Representatives Vogler, Baugh, Beatty, Carson, Campbell of Mecklen-
burg, and Jones of Mecklenburg:
H. B. 201, a bill to be entitled an act to amend Chapter 598 of the Session
Laws of 1967 authorizing use of nontax revenues for recreational purposes in
Mecklenburg County.
Referred to Committee on Local Government.
By Representative Messer:
1969] HOUSE JOURNAL 157
H. B. 202, a bill to be entitled an act to amend General Statutes 20-185 to
provide for certain benefits for driver license examiners.
Referred to Committee on Highway Safety.
By Representatives Green, Williamson, Lilley, Moore, Snead, Roberson,
Carter, Tart, Mohn, Boshamer, Speros, Rose, McMillan of Robeson, McFadyen,
Soles, Penton, and Johnson of Duplin:
H. B. 203, a bill to be entitled an act to appropriate funds for the North Caro-
lina Blueberry Festival in Bladen County.
Referred to Committee on Agriculture.
By Representative Rhyne:
H. B. 204, a bill to be entitled an act to assure equal treatment of all citizens
of Gaston County when fees are charged for certain services furnished by the
County.
Referred to Committee on Judiciary No. 1.
By Representative Moore:
H. B. 205, a bill to be entitled an act fixing the salaries of the County Commis-
sioners of Pender County.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 102, a bill to be entitled an act fixing the salaries of the County Com-
missioners of Pitt County at one hundred fifty dollars ($150.00) per month.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 101, a bill to be entitled an act creating the Charlotte-Mecklenburg
Charter Commission and providing for an election upon the consolidation of the
governments of the municipalities within, and the County of, Mecklenburg.
On motion of Representative Vogler, the Committee amendment is adopted.
Passes its second reading as amended by the following vote and remains on
the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Burrus, Campbell of Mecklenburg, Campbell
of Robeson, Campbell of Wilson, Carter, Chase, Church, Clark, Collins, Coving-
ton, Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls, Fenner, Frye, Fulton,
158 HOUSE JOURNAL [Session
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Jones of Mecklenburg, Jones of
Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield,
McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson, Mc-
Millan of Wake, Messer, Mitchell, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Penton, Phillips, Quinn, Ramsey of Madison, Ramsey of
Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strick-
land, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs,
Vogler, Warlick, Watkins, Whitley, Williamson, and Wills — 110.
Those voting in the negative are: None.
H. B. 88, a bill to be entitled an act authorizing the City of Greensboro to
convey a fee simple determinable estate in 10.41 acres of land to the Greensboro
Police Club, Incorporated.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 107, a bill to be entitled an act to make Hoke County "Stock Law Ter-
ritory".
Passes its second and third readings and is ordered sent to the Senate.
H. B. 112, a bill to be entitled an act to authorize the Cumberland County
ABC Board to establish a retirement system.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 123, a bill to be entitled an act to authorize and empower the Marion
City Board of Education to convey the Mountain View High School property
to the Board of County Commissioners of McDowell County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 124, a bill to be entitled an act authorizing the City of Whiteville and
the Whiteville Airport Authority to convey airport property to Columbus
County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 125, a bill to be entitled an act to amend Chapter 614, Session Laws
of 1965, and General Statutes 153-9(17) relating to notice of closing of streets
in the City of Sanford.
On motion of Representative Love the bill is temporarily displaced.
H. B. 129, a bill to be entitled an act to terminate pooled accounts and to
establish individual accounts of funds held by the Clerk of Superior Court,
Buncombe County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 130, a bill to be entitled an act to amend Chapter 601 of the Session
Laws of North Carolina for the year 1947, as amended, authorizing the City
Manager of Winston-Salem to execute contracts, deeds, bonds, and all other
legal instruments in the name and on behalf of the city.
1969] HOUSE JOURNAL 159
Passes its second and third readings and is ordered sent to the Senate.
H. B. 144, a bill to be entitled an act relating to terms and election of officials
of the Town of Wade in Cumberland County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 162, a bill to be entitled an act to provide for the nomination and election
of the Board of County Commissioners of Cherokee County.
On motion of Representative Messer consideration of the bill is postponed
until Tuesday, February 25, 1969.
H. B. 170, a bill to be entitled an act to authorize the Monroe City Board of
Education to convey certain property to the City of Monroe.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 20, a bill to be entitled an act to amend Chapter 272 of the Public-Local
Laws of 1929 so as to allow the Executive Committee to set the salary of the
Winston-Salem and Forsyth County Peace Officers' Protective Association.
Passes its second and third readings and is ordered enrolled.
S. B. 89, a bill to be entitled an act to amend Chapter 614, Session Laws of
1965, and General Statutes 153-9(17) relating to notice of closing of streets in
the City of Sanford.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Love, identical H. B. 125, entitled "a bill to
be entitled an act to amend Chapter 614, Session Laws of 1965, and General
Statutes 153-9(17) relating to notice of closing of streets in the City of Sanford."
is postponed indefinitely.
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
On motion of Representative Gregory consideration of the bill is postponed
until Tuesday, February 25, 1969.
H. B. 31, a bill to be entitled an act relating to the receipt of unordered
merchandise so as to provide that the recipient thereof is not liable for the
payment thereof.
Representative Campbell of Robeson offers an amendment which is adopted.
On motion of Representative Stewart consideration of the bill is postponed
until Tuesday, February 25, 1969.
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for a North Carolina driver's license to surrender any out-
of-state licenses previously issued to him.
On motion of Representative Paschall consideration of the bill is postponed
until Wednesday, February 26, 1969.
160 HOUSE JOURNAL [Session
H. B. 131, a bill to be entitled an act to amend General Statutes 160-181.9
relating to definitions of open space areas, and General Statutes 160-181.10 to
delete Forsyth County.
On motion of Representative McKnight consideration of the bill is postponed
until Tuesday, February 25, 1969.
H. B. 138, a bill to be entitled an act to amend General Statutes 108-30.1 and
General Statutes 108-73. 12a relating to welfare liens.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 139, a bill to be entitled an act amending and supplementing all laws
authorizing and providing for the issuance of bonds, notes or other obligations
of a unit within the meaning of the local government act to provide for the use
of facsimile seals and signatures.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 45, a bill to be entitled an act to amend General Statutes 14-128 and
General Statutes 14-134.1 so as to increase penalty for violations.
On motion of Representative Ramsey of Person the Committee amendments
are adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
S. B. 64, a bill to be entitled an act to amend General Statutes 1-239 (b) so as
to permit waiver of notice by attorneys of record in certain cases.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. J. R. 172. A Joint Resolution honoring the memory of Clifton Linwood
Bell, former member of the House of Representatives from Hyde County.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10:00 o'clock A. M.
THIRTY-FOURTH DAY
House of Representatives
Saturday, February 22, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Taylor of Wake, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
Prayer is offered by Representative Johnson of Wake.
1969] HOUSE JOURNAL 161
Representative Taylor of Wake, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
On motion of Representative Johnson of Wake, duly seconded, the House
adjourns to meet Monday night at 8 o'clock.
THIRTY-FIFTH DAY
House of Representatives
Monday night, February 24, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Ralph Fleming, pastor of the Westover
Methodist Church of Raleigh.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Jones of Mecklenburg for
Wednesday, Thursday and Friday.
A leave of absence is granted Representative Euliss for Thursday and Friday.
On motion of Representatives Speed and Church, the courtesies of the gallery
are extended the Honorable Linwood Peoples, District Judge, and the Honor-
ables Leo Carr and Hamilton Hobgood, Judges of the Superior Court.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Paschall, and Campbell of Wilson:
H. B. 206, a bill to be entitled an act to revise and consolidate the Charter
of the City of Wilson and to repeal prior charter acts.
Referred to Committee on Local Government.
By Representatives McMillan of Wake, Mohn, Jones of Rutherford, and
Campbell of Wilson:
H. B. 207, a bill to be entitled an act to amend Chapter 20 of the General
Statutes of North Carolina increasing the driver license revocation time for
excessive speed to avoid apprehension and creating a new offense of unlawful
flight to avoid apprehension.
Referred to Committee on Highway Safety.
By Representatives Johnson of Wake, Jones of Rutherford, Jones of Mecklen-
burg, Penny of Durham, Clark, Stewart and Harkms:
162 HOUSE JOURNAL [Session
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services, and defining the powers and responsibilities of
such corporations and its members.
Referred to Committee on Corporations.
By Representative Rhyne:
H. B. 209, a bill to be entitled an act to amend the Constitution of North
Carolina to prohibit any newly incorporated city or town from including any
area within one mile of any existing incorporated city or town.
Referred to Committee on Local Government.
By Representatives Raynor, Carter, Harkins, DeBruhl, Beam, Mohn, and
McMillan of Robeson:
H. B. 210, a bill to be entitled an act to amend General Statutes 14-256 re-
tating to punishment for escape from lawful custody so as to make it a felony
lo escape from lawful custody.
Referred to Committee on Judiciary No. 1.
By Representative Speed:
H. B. 211, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
Referred to Committee on Agriculture.
And,
H. B. 212, a bill to be entitled an act to amend Article 16 of Chapter 106
relating to bottling of soft drinks so as to provide for regulation thereof by the
Department of Agriculture.
Referred to Committee on Agriculture.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 41, a bill to be entitled an act to amend General Statutes 135-1 so as
to make permanent employees of the North Carolina Symphony Society, Inc.,
eligible for membership in the Teachers' and State Employees' Retirement
System.
Referred to Committee on State Personnel.
S. B. 88, a bill to be entitled an act to authorize the qualified voters of the
Town of Mount Airy to determine whether or not alcoholic beverage control
stores shall be established in said town and to prescribe the disposition of the
net profits thereof.
Referred to Committee on Alcoholic Beverage Control.
1969] HOUSE JOURNAL 163
S. B. 40, a bill to be entitled an act to exempt the North Carolina Symphony
Society, Incorporated, from certain privilege license taxes.
Referred to Committee on Finance.
S. B. 67, a bill to be entitled an act to authorize the dedication of streets in
partition proceedings.
Referred to Committee on Judiciary No. 2.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 101, a bill to be entitled an act creating the Charlotte-Mecklenburg
Charter Commission and providing for an election upon the consolidation of
the governments of the municipalities within, and the County of, Mecklenburg.
Passes its third reading as amended by the following vote and is ordered
engrossed and sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carter, Chase,
Church, Clark, Coble, Collins, Culpepper, DeBruhl, Eagles, Euliss, Everett,
Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven, Godwin of
Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Hol-
shouser, Horton, Jemison, Jernigan, Johnson of Duplin, Johnson of Wake,
Jones of Mecklenburg, Jones of Rutherford, Kincaid, Leatherman, Lilley,
Love, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight, Mc-
Michael, McMillan of Robeson, McMillan of Wake, Messer, Mills, Mitchell,
Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton,
Phillips, Quinn, Ramsey of Madison, Raynor, Reid, Rhyne, Ridenour, Rober-
son, Rose, Rountree, Royall, Short, Snead, Soles, Speed, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Wake, Tolbert, Troxell, Twiggs,
Vogler, Warlick, Watkins, Williamson and Wills — 110.
Those voting in the negative are: None.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. B. 20. An Act to amend Chapter 272 of the Public-Local Laws of 1929
so as to allow the executive committee to set the salary of the Winston-Salem
and Forsyth County Peace Officers' Protective Association.
S. B. 64. An Act to amend General Statutes l-239(b) so as to permit waiver
of notice by attorneys of record in certain cases.
S. B. 89. An Act to amend Chapter 614, Session Laws of 1965, and General
Statutes 153-9(17) relating to notice of closing of streets in the City of Sanford.
164 HOUSE JOURNAL [Session
H. B. 64. An Act to amend General Statutes 143-117 relating to payment of
costs by patients at certain state institutions so as to include the North Carolina
sanatorium system.
H. B. 96. An Act to amend Chapter 48 of the General Statutes to permit
changing the name of an adopted person who is twenty-one (21) or more years
of age.
H. J. R. 89. A Joint Resolution honoring the memory of Isaac Peter Davis.
H. J. R. 92. A Joint Resolution honoring the memory of Zebulon Vance
Norman.
H. J. R. 95. A Joint Resolution honoring the memory of B. C. Brock, former
Legislator.
S. B. 6. An Act so to amend Section 7 of Chapter 413 of 1963 Session Laws,
relating to the Town of Morganton Board of Alcoholic Beverage Control, so
as to increase the share of net profits allocable to finding alcoholism causes and
cures and to broaden scope of activities authorized therefor and for other pur-
poses.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
THIRTY-SIX DAY
House of Representatives
Tuesday, February 25, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Jernigan, the courtesies of the floor are extended
the Honorable J. N. Vann, a former member of the House from Hertford
County.
A leave of absence is granted Representative Penton for today.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Paschall, for the Committee on Highway Safety:
H. B. 73, a bill to be entitled an act to amend General Statutes 20-7(f) to
permit a person temporarily residing outside North Carolina to renew an
operator's license by mail.
1969] HOUSE JOURNAL 165
With a favorable report, as amended.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 161, a bill to be entitled an act applicable to Winston-Salem only,
amending General Statutes 160-175.
With a favorable report.
H. B. 181, a bill to be entitled an act to amend General Statutes 31-1 to
authorize any person of sound mind, and 18 years of age or over, to make a
will.
With a favorable report.
By Representative Messer, for the Committee on Manufacturers and Labor:
H. B. 149, a bill to be entitled an act to amend the Minimum Wage Act.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Johnson of Duplin:
H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.
Referred to Committee on Rules and Operation of the House.
By Representatives McMillan of Wake, Twiggs, Payne, Coble, Phillips,
Short, Ridenour, Jones of Mecklenburg and Love:
H. B. 214, a bill to be entitled an act to create the North Carolina Zoological
Authority and the North Carolina Zoo Site Selection Commission.
Referred to Committee on State Government.
By Representatives McMillan of Wake, Twiggs, Love and Jones of Mecklen-
burg:
H. B. 215, a bill to be entitled an act to appropriate funds to acquire, con-
struct, maintain and operate a State Zoo.
Referred to Committee on Appropriations.
By Representative Leatherman:
H. B. 21G, a bill to be entitled an act to make certain appropriations to the
North Carolina Symphony Society.
Referred to Committee on Appropriations.
By Representatives Godwin of Craven, Boshamer and Barker:
H. B. 217, a bill to be entitled an act authorizing the Pamlico County Board
of Education to convey to Hobucken Community Development, Inc. a portion
166 HOUSE JOURNAL [Session
of the Hobucken School site on which the Hobucken School Teacherage building
is located for use as a community center.
Referred to Committee on Local Government.
special message from the senate
Senate Chamber
February 24, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body requesting that
H. B. 69, "to amend Chapter 160 of the General Statutes to provide that
policemen and firemen who are non-residents may be employed," be returned
for further consideration by the Senate.
Respectfully,
S/ Roy Rowe
Principal Clerk
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 58, a bill to be entitled an act to give the members of the Police Depart-
ments of all cities, towns and municipalities in Richmond County, the authority
to make arrests and serve criminal process in the territories outside the corporate
limits for a distance of two and one-half miles.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 162, a bill to be entitled an act to provide for the nomination and election
of the Board of County Commissioners of Cherokee County.
Representative Messer moves that consideration of the bill be postponed
until Thursday, February 27, 1969.
Representative Holshouser calls for the "ayes" and "noes".
The call is sustained.
Now the question recurs to the motion to postpone consideration of the bill
until Thursday, February 27, 1969.
This motion prevails by the following vote:
Those voting in the affirmative are: Representatives Andrews, Barbee,
Barker, Barr, Beam, Beatty, Boshamer, Britt, Bryan, Bumgardner, Burrus,
Campbell of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carter,
Chase, Church, Clark, Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss,
Everett, Falls, Fenner, Frye, Gentry, Godwin of Gates, Gregory, Harkins,
Harris, Hicks, Hofler, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of
1969] HOUSE JOURNAL 167
Mecklenburg, Jones of Rutherford, Leatherman, Lilley, Love, Martin, Mauney,
McFadyen, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mohn, Moore, Paschall, Penny of Durham, Penny of Harnett, Phillips,
Quinn, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Speed, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Wake, Twiggs, Vogler and
Watkins— 81.
Those voting in the negative are: Representatives Beard, Blake, Boger,
Bostian, Coble, Fulton, Garner, Haynes, Hege, Holshouser, Horton, Jemison,
Johnson of Cabarrus, Kincaid, Mayfield, McDaniel, McKnight, Mitchell,
Payne, Snyder, Taylor of Transylvania, Tolbert, Troxell, Warlick, Whitley
and Wills -r- 26.
Those voting "present" are: Representatives Baugh and Billings — 2.
H. B. 69, a bill to be entitled an act to amend Chapter 160 of the General
Statutes to provide that policemen and firemen who are non-residents may be
employed.
On motion of Representative Gregory, pursuant to Special Message received
from the Senate, the bill is returned to the Senate for further consideration by
that Body.
H. B. 31, a bill to be entitled an act relating to the receipt of unordered mer-
chandise so as to provide that the recipient thereof is not liable for the payment
thereof.
Representative Campbell of Wilson offers an amendment which is adopted.
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
H. B. 131, a bill to be entitled an act to amend General Statutes 160-181.9
relating to definitions of open space areas, and General Statutes 160-181.10 to
delete Forsyth County.
Passes its second and third readings and is ordered sent to the Senate.
On motion of Representative Eagles, duly seconded, the House adjourns to
meet tomorrow at 12 o'clock Noon.
THIRTY-SEVENTH DAY
House of Representatives
Wednesday, February 26, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Antonio Elias of Brazil, guest of the Rev-
erend Lawrence Calhoun who served 40 years as a Presbyterian Missionary
to Brazil.
168 HOUSE JOURNAL [Session
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
Mr. Speaker Vaughn appoints as a select committee on the composite picture
for the House, Representatives Bumgardner, Baugh and Johnson of Duplin.
On motion of Representative Lilley the courtesies of the floor are extended
to the Honorable Ernest Ross, a former Senator from Lenoir County.
On motion of Representatives Soles and Williamson, the courtesies of the
floor are extended to the Honorable W. F. Floyd, a former member of the House
from Columbus county.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Eagles, for the Committee on Banks and Banking:
H. B. 82, a bill to be entitled an act to amend General Statutes 53-91 to
authorize loans in excess of $2,500 to officers of banks.
With a favorable report, as amended.
H. B. 152, a bill to be entitled an act to amend General Statutes 24-8, which
permits an 8% interest rate, so as to include foreign or domestic real estate
investment trusts.
With a favorable report, as amended.
H. B. 175, a bill to be entitled an act to provide that the issuance of bonds
after a bond order takes effect shall be extended by the period of time within
which such bonds could not be issued because of litigation.
With a favorable report.
By Representative Tart, for the Committee on Education:
H. B. 148, a bill to be entitled an act to require the Board of Education of
Davie County to furnish to the Board of County Commissioners of Davie
County a quarterly financial report.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Harkins, Stevens, DeBruhl and Beam:
H. B. 218, a bill to be entitled an act enabling Buncombe County to hold a
special election for the purpose of considering whether the county shall or shall
1969] HOUSE JOURNAL 169
not impose and levy a sales and use tax of one per cent upon the sale, use and
other taxable transactions upon which the State now imposes a three per cent
sales and use tax.
Referred to Committee on Local Government.
By Representative Tart:
H. B. 219, a bill to be entitled an act to amend Chapter 48, Session Laws of
1963, as amended, relating to Alcoholic Beverage Control Stores in the Town
of Roseboro.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Johnson of Duplin, Mohn, Moore and Ragsdale:
H. B. 220, a bill to be entitled an act to establish the hunting season for bear,
deer, and squirrel in the counties of Duplin, Onslow and Pender.
Referred to Committee on Wildlife Resources.
By Representatives Moore and Johnson of Duplin:
H. B. 221, a bill to be entitled an act amending General Statutes 7A-196
relating to trials in district court so as to provide for the transfer of criminal
cases without hearing in district court when the defendant demands a jury
trial.
Referred to Committee on Courts and Judicial Districts.
By Representative McKnight:
H. B. 222, a bill to be entitled an act to amend Chapter 402 of the Session
Laws of 1947 relating to the establishment of Winston-Salem Firemen's Retire-
ment Fund Association.
Referred to Committee on Local Government.
By Representative Taylor of Transylvania:
H. B. 223, a bill to be entitled an act to amend Chapter 7A of the General
Statutes so as to increase the uniform jail fees to three dollars.
Referred to Committee on Local Government.
By Representative Jones of Rutherford:
H. B. 224, a bill to be entitled an act to amend paragraph (c) of Rule 30 of
Section I, Chapter 1-A of the General Statutes so as to require a party taking
a deposition to furnish a copy of the same upon request.
Referred to Committee on Judiciary No. 2.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
170 HOUSE JOURNAL [Session
S. B. 35, a bill to be entitled an act to amend General Statutes 113-120.3
to increase penalty for mutilation, destruction of posted signs.
Referred to Committee on Judiciary No. 2.
S. B. 116, a bill to be entitled an act to amend the Charter of the Town of
Liberty regarding elections.
Referred to Committee on Local Government.
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said act.
Referred to Committee on Agriculture.
S. B. 87, a bill to be entitled an act to amend General Statutes 160-181.2
so as to include the City of Hamlet in the extraterritorial jurisdiction for zoning
purposes.
Referred to Committee on Local Government.
S. B. 93, a bill to be entitled an act to provide for the closing of any establish-
ment declared to be a public nuisance in Richmond County.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 161, a bill to be entitled an act applicable to Winston-Salem only,
amending General Statutes 160-175.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to
require an applicant for a North Carolina driver's license to surrender any
out-of-state licenses previously issued to him.
On motion of Representative Paschall the Committee amendment is
adopted.
Passes its second reading as amended.
Representative Martin objects to the third reading and the bill remains on
the Calendar.
On motion of Representative Martin consideration of the third reading is
postponed until Tuesday, March 4, 1969.
H. B. 149, a bill to be entitled an act to amend the minimum wage act.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 181, a bill to be entitled an act to amend General Statutes 31-1 tc
authorize any person of sound mind, and 18 years of age or over, to make a
will.
Passes its second and third readings and is ordered sent to the Senate.
1969] HOUSE JOURNAL 171
S. B. 73, a bill to be entitled an act to amend General Statutes 20-7(f) to
permit a person temporarily residing outside North Carolina to renew an
operator's license by mail.
On motion of Representative Paschall the Committee amendment is adopted.
On motion of Representative Gentry the bill is re-referred to the Committee
on Judiciary No. 1.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions property
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. B. 45. An Act to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
THIRTY-EIGHTH DAY
House of Representatives
Thursday, February 27, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Boger and Hofler for Friday.
Mr. Speaker Vaughn appoints the following select committee to arrange the
Good Friday Easter program on April 4, 1969: Representative R. D. McMillan,
Jr., of Robeson, Representative J. F. Mohn, Reverend Collins Kilburn, and
Mrs. Shelton Pritchard.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Speed, for the Committee on Agriculture:
H. B. 212, a bill to be entitled an act to amend Article 16 of Chapter 106
relating to bottling of soft drinks so as to provide for regulation thereof by
the Department of Agriculture.
With a favorable report, as amended.
172 HOUSE JOURNAL [Session
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said act.
With a favorable report.
By Representative Tart, for the Committee on Education:
H. B. 113, a bill to be entitled an act to provide five days sick leave per year
for certain non-professional employees of the public school system.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Tart, the substitute bill is adopted.
On motion of Representative Tart, the bill is re-referred to Committee on
Appropriations.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 109, a bill to be entitled an act to incorporate the village of Whispering
Pines in Moore County.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Jones of Rutherford and Carson:
H. B. 225, a bill to be entitled an act to amend the Constitution of North
Carolina to empower the General Assembly of North Carolina to provide the
manner in which waiver of trial by jury in civil cases may be accomplished.
Referred to Committee on Courts and Judicial Districts.
By Representative McMichael:
H. B. 226, a bill to be entitled an act to provide an election or referendum
for certain areas in Rockingham County on the question of whether or not
they shall be annexed to the Madison-Mayodan City administrative unit.
Referred to Committee on Education.
By Representatives Chase, Messer and Auman:
H. B. 227, a bill to be entitled an act to appropriate funds to the North
Carolina Association of Rescue Squads for the purchase of a mobile communi-
cations center.
Referred to Committee on Appropriations.
By Representatives Hege and Snyder:
H. B. 228, a bill to be entitled an act to amend Chapter 5 of the Public-
Local Laws of 1941 and Chapter 22 of the Private Laws of 1935 to permit the
1969] HOUSE JOURNAL 173
City of Lexington and Lexington Utilities Commission to operate a cable
television system.
Referred to Committee on Public Utilities.
By Representative Johnson of Cabarrus:
H. B. 229, a bill to be entitled an act repealing Chapter 602 of the Session
Laws of 1963 limiting the amount of school bonds which might be authorized
for the County of Cabarrus and fixing such limitation for said County within
the provisions of the County Finance Act.
Referred to Committee on Local Government.
By Representatives McDaniel, Payne, Short, Jemison, Horton, Haynes,
Phillips and Tolbert:
H. B. 230, a bill to be entitled an act to provide for refunds of charges and
fees collected from students or their parents in the public school system when
the pupils are transferred or for other valid reasons leave the public school
in which they are enrolled.
Referred to Committee on Education.
By Representatives Andrews, Britt, Jernigan and Phillips:
H. B. 231, a bill to be entitled an act to revise and amend the Constitution
of North Carolina.
Referred to Committee on Constitutional Amendments.
By Representatives Campbell of Wilson, and Paschall:
H. B. 232, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Wilson and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Wilson.
Referred to Committee on Local Government.
By Representatives Auman, Falls and Speros:
H. B. 233, a bill to be entitled an act to require special reflective devices to
be displayed on the rear of slow-moving vehicles such as farm tractors and
implements of husbandry operated on highways between sunset and sunrise.
Referred to Committee on Highway Safety.
By Representatives Messer, Eagles and Gentry:
H. B. 234, a bill to be entitled an act to amend Articles 11, 13, and 14 of
Chapter 54 of the General Statutes relating to the powers, officers and super-
vision of credit unions.
Referred to Committee on Banks and Banking.
By Representatives Carter, Rose, Raynor and Bryan:
174 HOUSE JOURNAL [Session
H. B. 235, a bill to be entitled an act to authorize the City of Fayetteville
to acquire an entire structure or parcel of land when it is severed by street
right of way.
Referred to Committee on Local Government.
By Representatives Mohn and Moore:
H. B. 236, a bill to be entitled an act to regulate the issuance of licenses for
the sale of beer and wine Onslow County.
Referred to Committee on Alcoholic Beverage Control.
By Representative McMichael:
H. B. 237, a bill to be entitled an act to authorize any county operating an
ambulance service to appoint an ambulance commission and delegate powers
thereto.
Referred to Committee on Local Government.
By Representatives Barbee, Eagles and Fenner:
H. B. 238, a bill to be entitled an act to amend Chapter 887 of the Session
Laws of 1947 to provide a one per cent (1%) discount upon certain ad valorem
tax prepayments.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 151, a joint resolution recognizing the disaster conditions created
on February 16, 1969, in certain areas of North Carolina by an ice storm.
On motion of Representative Mills, the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Representative Speros offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered returned to
the Senate for concurrence in House amendment.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 148, a bill to be entitled an act to require the Board of Education of
Davie County to furnish to the Board of County Commissioners of Davie
County a quarterly financial report.
Passes its second reading.
Representative Beam objects to the third reading.
1969] HOUSE JOURNAL 175
On motion of Representative Boger, consideration of the bill on its third
reading is postponed until Monday night, March 3, 1969.
H. B. 162, a bill to be entitled an act to provide for the nomination and
election of the Board of County Commissioners of Cherokee County.
On motion of Representative Messer, the bill is re-referred to the Committee
on Local Government.
H. B. 175, a bill to be entitled an act to provide that the issuance of bonds
after a bond order takes effect shall be extended by the period of time within
which such bonds could not be issued because of litigation.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Blake, Boger, Boshamer, Bradley,
Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of
Robeson, Campbell of Wilson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Everett, Falls, Fenner, Frye,
Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory,
Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison,
Jernigan, Johnson of Cabarrus, Johnson of Duplin, Jones of Rutherford,
Leatherman, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett,
Penton, Phillips, Quinn, Ramsey of Madison, Ramsey of Person, Raynor,
Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead,
Snyder, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler,
Warlick, Watkins, Whitley, Williamson and Wills — 110.
Those voting in the negative are: None.
H. B. 82, a bill to be entitled an act to amend General Statutes 53-91 to
authorize loans in excess of $2500 to officers of banks.
On motion of Representative Stewart, the Committee amendment is adopted.
Representative Eagles calls the previous question. This motion is sus-
tained.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
Representative Clark requests and is granted permission to be recorded as
voting "noe" on the bill.
H. B. 152, a bill to be entitled an act to amend General Statutes 24-8, which
permits an 8% interest rate, so as to include foreign or domestic Real Estate
Investment Trusts.
On motion of Representative Clark, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
176 HOUSE JOURNAL [Session
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 69. An Act to amend Chapter 160 of the General Statutes to provide
that policemen and firemen who are non-residents may be employed.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
THIRTY-NINTH DAY
House of Representatives
Friday, February 28, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Johnson of Duplin, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
A leave of absence is granted for today for the following: Representatives
Love, Godwin, McMichael, Campbell of Mecklenburg and Leatherman.
On motion of Representatives Barr, Collins and Gentry, the courtesies of
the floor are extended the Honorable Hugh Merritt, a former member of the
House from Surry County.
REPORT OP COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them and take their place on
the Calendar as follows:
By Representative Gentry, for the Committee on Election Laws:
H. B. 10, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for President and Vice
President of the United States.
With an unfavorable report.
H. B. 49, a bill to be entitled an act to authorize County Boards of Elections
to conduct a new registration of voters during the year 1969 pursuant to in-
stalling loose-leaf registration as required by General Statutes 163-65.
With a favorable report.
H. B. 174, a bill to be entitled an act to amend General Statutes 163-30 re-
garding the oath of office for County Boards of Elections.
1969] HOUSE JOURNAL 177
With a favorable report.
H. B. 183, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for President of the
United States.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 85, a bill to be entitled an act to amend the charter of the Town of
Belhaven, Chapter 246 of the Private Laws of 1907 to establish the position
of Town Manager.
With a favorable report.
H. B. 127, a bill to be entitled an act to amend General Statutes 160-61.1,
relating to the authority of municipalities to execute warranty deeds, so as to
make it applicable to Moore County.
With a favorable report.
H. B. 150, a bill to be entitled an act to increase the compensation of the
County Commissioners of Wilson County.
With a favorable report.
H. B. 154, a bill to be entitled an act to amend Chapter 508 of the Session
Laws of 1947 so as to permit Harnett County to release certain restrictions on
hospital property.
With a favorable report.
H. B. 177, a bill to be entitled an act to amend Chapter 148 of the Session
Laws of 1963 and Chapter 152 of the Session Laws of 1967 relating to the
Charter of the Town of Nags Head and to amend said Charter relating to the
election of the members of the governing body of said town.
With a favorable report.
H. B. 180, a bill to be entitled an act amending the Charter of the City of
Winston-Salem.
With a favorable report.
H. B. 192, a bill to be entitled an act amending General Statutes 153-9
(35H) and 153-9 (35%) relating to the authority of boards of county com-
missioners to expend nontax and tax revenues for soil and water conservation
so as to make said statutes applicable to New Hanover County.
With a favorable report.
H. B. 194, a bill to be entitled an act to amend Chapter 713 of the Session
Laws of 1965 being the Charter of the City of Charlotte in Mecklenburg County.
With a favorable report.
178 HOUSE JOURNAL [Session
H. B. 196, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Wilkes County.
With a favorable report.
By Representative Johnson of Duplin, for the Committee on Rules and
Operation of the House:
H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.
With a favorable report.
On motion of Representative Ramsey of Person, the rules are suspended and
the bill is placed on today's Calendar.
S. B. 55, a bill to be entitled an act to amend Chapter 120 of the General
Statutes so as to establish the Legislative Intern Program Council, and to
enable such Council to promulgate and adopt a plan for legislative interns
and further providing for the funding of such program.
With a favorable report.
On motion of Representative Ramsey of Person, the rules are suspended
and the bill is placed on today's Calendar.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 126, a bill to be entitled an act prohibiting the use of electronic sounding
devices in taking game and birds.
With a favorable report, as amended.
H. B. 169, a bill to be entitled an act relating to hunting from public roads
in Duplin and Pender Counties.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Covington:
H. B. 239, a bill to be entitled an act to make certain appropriations to the
State Board of Education for the purpose of adding to the Richmond Technical
Institute a two-year curriculm of transferable college courses in Liberal Arts
and Sciences.
Referred to Committee on Education.
By Representative Barr:
H. B. 240, a bill to be entitled an act to regulate the use of firearms in field
trials and in training dogs.
Referred to Committee on Wildlife Resources.
And,
1969] HOUSE JOURNAL 179
H. B. 241, a bill to be entitled an act to require skin divers to display a warn-
ing flag as approved by the Underwater Society of America.
Referred to Committee on Wildlife Resources.
And,
H. B. 242, a bill to be entitled an act to exempt boats operated on private
ponds from motorboat law.
Referred to Committee on Wildlife Resources.
By Representative Gregory:
H. B. 243, a bill to be entitled an act to authorize the Board of Commissioners
of the Town of Scotland Neck to transfer real property known as the Town
Cemetery and to transfer the cash trust fund of the cemetery to the trustees
of the First Baptist Church of Scotland Neck, North Carolina, for cemetery
purposes.
Referred to Committee on Finance.
By Representative Billings:
H. B. 244, a bill to be entitled an act to establish a supplementary pension
fund for firemen in the Town of North Wilkesboro.
Referred to Committee on Local Government.
special message from the senate
Senate Chamber
February 28, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body requesting that
S. B. 72, "A bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said act",
be returned for further consideration by the Senate.
Respectfully,
s/ Roy Rowe
Principal Clerk
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 123, a bill to be entitled an act placing Caswell County under the general
laws relating to county fiscal control.
Referred to Committee on Local Government.
S. B. 124, a bill to be entitled an act relating to the compensation of the
members of the Board of County Commissioners of Caswell County.
Referred to Committee on Local Government.
180 HOUSE JOURNAL [Session
H. B. 130, a bill to be entitled an act to amend Chapter 601 of the Session
Laws of North Carolina for the year 1947, as amended, authorizing the City-
Manager of Winston-Salem to execute contracts, deeds, bonds and all other
legal instruments in the name and on behalf of the city.
Returned for concurrence.
On motion of Representative Jemison, the House concurs in the Senate
amendment and the bill is ordered enrolled.
S. B. 136, a bill to be entitled an act to rewrite Article 46 of Chapter 143 of
the General Statutes, relating to the Governor's Committee on Law and Order.
Referred to Committee on State Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 109, a bill to be entitled an act to incorporate the Village of Whispering
Pines in Moore County.
On motion of Representative Auman, the Committee amendment is adopted.
Passes its second reading, as amended, by the following vote and remains
on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Robeson,
Campbell of Wilson, Carter, Church, Clark, Coble, Collins, Covington, Cul-
pepper, DeBruhl, Eagles, Elliott, Everett, Falls, Fenner, Frye, Garner, Gentry,
Godwin of Craven, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson of
Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Leather-
man, Lilley, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight,
McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ramsey of
Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour, Roberson,
Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Whitley, Williamson, and Wills —
105.
Those voting in the negative are — None.
H. B. 175, a bill to entitled an act to provide that the issuance of bonds after
a bond order takes effect shall be extended by the period of time within which
such bonds could not be issued because of litigation.
Passes its third reading by the following vote and is ordered sent to the
Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Robeson,
1969] HOUSE JOURNAL 181
Campbell of Wilson, Carter, Church, Clark, Coble, Collins, Covington, Cul-
pepper, DeBruhl, Eagles, Elliott, Everett, Falls, Fenner, Frye, Garner, Gentry,
Godwin of Craven, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson of
Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Leather-
man, Lilley, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight,
McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ramsey of
Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose,
Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros, Stanford, Stevens,
Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert,
Troxell, Twiggs, Vogler, Warlick, Whitley, Williamson, and Wills — 105.
Those voting in the negative are — None.
H. B. 212, a bill to be entitled an act to amend Article 16 of Chapter 106 re-
lating to bottling of soft drinks so as to provide for regulation thereof by the
Department of Agriculture.
On motion of Representative Speed the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 55, a bill to entitled an act to amend Chapter 120 of the General Statutes
so as to establish the Legislative Intern Program Council, and to enable such
Council to promulgate and adopt a plan for legislative interns and further
providing for the funding of such program.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Collins, duly seconded, the House adjourns to
meet tomorrow at 10 O'clock A. M.
FORTIETH DAY
House of Representatives
Saturday, March 1, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative McMillan of Wake, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
Prayer is offered by Representative Taylor of Wake.
Without objection the Journal stands approved as written.
On motion of Representative McMillan of Wake, duly seconded, the House
adjourns to meet on Monday night at 8:00 O'clock.
182 HOUSE JOURNAL [Session
FORTY-FIRST DAY
House of Representatives
Monday night, March 3, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Elliott, Ramsey of Person, and
Roberson for tonight.
An indefinite leave of absence is granted Representative Jones of Mecklen-
burg due to illness.
On motion of Representative Jernigan, the courtesies of the floor are extended
to the Honorable Joe Horton, a former member of the House from Green
County.
On motion of Representative Quinn, the courtesies of the floor are extended
to the Honorable O. A. Swearington, a former Senator from Cabarrus County.
On motion of Representatives Reid and Rountree, the courtesies of the floor
are extended to the Honorable W. A. (Red) Forbes, a former member of the
House from Pitt County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 132, a bill to be entitled an act to extend the corporate existence of
Confederate Woman's Home.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Covington:
H. B. 245, a bill to be entitled an act to amend General Statutes 163-46, so as
to fix the compensation of Registrars and Judges of Election in Richmond
County.
Referred to Committee on Local Government.
By Church and Speed:
1969] HOUSE JOURNAL 183
H. B. 246, a bill to be entitled an act to amend Chapter 119 of the private
laws of 1913 by increasing the number of town commissioners in Norlina from
three to five.
Referred to Committee on Local Government.
By Representatives Haynes, Kincaid, Billings, McDaniel, and Taylor of
Transylvania:
H. B. 247, a bill to be entitled an act to make appropriation in aid of the school
food service program and to provide a better school lunch program for the
children of the public schools.
Referred to Committee on Appropriations.
By Representative McMichael:
H. B. 248, a bill to be entitled an act relating to the terms of office of members
of the school board of the Reidsville Graded School District in Rockingham
County.
Referred to Committee on Education.
By Representative Fulton:
H. B. 249, a bill to be entitled an act to make applicable to the Town of Glen
Alpine the provisions of General Statutes 105-422 relating to the limitation of
actions on tax liens.
Referred to Committee on Local Government.
By Representative Bradley:
H. B. 250, a bill to be entitled an act amending Chapter 593 of the Session
Laws of 1965 to increase the salary of the Register of Deeds of Clay County.
Referred to Committee on Local Government.
By Representative Strickland:
H. B. 251, a bill to be entitled an act to clarify provisions of Chapter 20 of
the General Statutes concerning private and parochial school buses and school
activity buses.
Referred to Committee on Highway Safety.
By Representative Chase:
H. B. 252, a bill to be entitled an act to amend Article 50 of Chapter 143 of
the General Statutes of North Carolina so as to provide appropriation support
for the North Carolina Commission on the Education and Employment of
Women.
Referred to Committee on Appropriations.
By Representatives Godwin of Gates, and Culpepper:
184 HOUSE JOURNAL [Session
H. B. 253, a bill to be entitled an act to amend the Charter of the Town of
Edenton, Chapter 1013 of the Session Laws of North Carolina, 1961, to eliminate
the requirement for a separate polling place in each of the several wards at
municipal elections.
Referred to Committee on Local Government.
And,
H. B. 254, a bill to be entitled an act to close temporarily the bear season in
a portion of Gates County.
Referred to Committee on Wildlife Resources.
By Representatives Mauney and Falls:
H. B. 255, a bill to be entitled an act to create the office of Director of Finance
in Cleveland County.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 110, a bill to be entitled an act to authorize the use of school buses as
needed for instructional programs and to transport pupils with special needs.
Referred to Committee on Education.
S. B. 128, a bill to be entitled an act amending General Statutes 127-14 and
General Statutes 127-23.1 relating to the assistant to the Adjutant General and
to commissions by brevet.
Referred to Committee on Military and Veterans' Affairs.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 109, a bill to be entitled an act to incorporate the Village of Whispering
Pines in Moore County.
Passes its third reading as amended by the following vote and is ordered
engrossed and sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Hofler, Holshouser, Jemison, Jernigan, Johnson of Duplin, Johnson of Wake,
Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson, Mc-
1969] HOUSE JOURNAL 185
Millan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny
of Harnett, Penton, Phillips, Quinn, Ramsey of Madison, Raynor, Reid,
Rhyne, Ridenour, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, William-
son, and Wills — 109.
Those voting in the negative are: None.
H. B. 148, a bill to be entitled an act to require the Board of Education of
Davie County to furnish to the Board of County Commissioners of Davie
County a quarterly financial report.
Passes its third reading and is ordered sent to the Senate.
H. B. 85, a bill to be entitled an act to amend the charter of the Town of
Belhaven, Chapter 246 of the Private Laws of 1907 to establish the position of
Town Manager.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 127, a bill to be entitled an act to amend General Statutes 160-61.1,
relating to the authority of municipalities to execute warranty deeds, so as to
make it applicable to Moore County.
Passes its second and third readings and is ordered sent to the Seate.
H. B. 150, a bill to be entitled an act to increase the compensation of the
County Commissioners of Wilson County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 154, a bill to be entitled an act to amend Chapter 508 of the Session
Laws of 1947 so as to permit Harnett County to release certain restrictions on
hospital property.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 169, a bill to be entitled an act relating to hunting from public roads
in Duplin and Pender Counties.
On motion of Representative Johnson of Duplin the committee amendment
is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 177, a bill to be entitled an act to amend Chapter 148 of the Session
Laws of 1963 and Chapter 152 of the Session Laws of 1967 relating to the Charter
of the Town of Nags Head and to amend said charter relating to the election
of the members of the governing body of said town.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 180, a bill to be entitled an act amending the Charter of the City of
Winston-Salem.
Passes its second and third readings and is ordered sent to the Senate.
186 HOUSE JOURNAL [Session
H. B. 194, a bill to be entitled an act to amend Chapter 713 of the Session
Laws of 1965, being the Charter of the City of Charlotte in Mecklenburg
County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 196, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Wilkes County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 49, a bill to be entitled an act to authorize County Boards of Elections
to conduct a new registration of voters during the year 1969 pursuant to in-
stalling loose-leaf registration as required by General Statutes 163-65.
On motion of Representative Messer consideration of the bill is postponed
until Wednesday, March 5, 1969.
H. B. 126, a bill to be entitled an act prohibiting the use of electronic sounding
devices in taking game and birds.
On motion of Representative Beard consideration of the bill is postponed
until Thursday, March 6, 1969.
H. B. 174, a bill to be entitled an act to amend General Statutes 163-30
regarding the oath of office for County Boards of Elections.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 183, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for President of the
United States.
Representative Taylor of Transylvania calls for the "ayes" and "noes". The
call is sustained.
Now the question recurs to the passage of the bill on its second reading.
Passes its second reading by the following vote:
Those voting in the affirmative are: Representatives Barker, Barr, Baugh,
Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt,
Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Chase, Clark, Coble, Covington, Culpepper,
Everett, Frye, Fulton, Garner, Harkins, Harris, Haynes, Hege, Holshouser,
Horton, Jemison, Johnson of Wake, Jones of Rutherford, Kincaid, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Wake, Messer, Mitchell,
Mohn, Payne, Penny of Harnett, Penton, Phillips, Ramsey of Madison, Reid,
Rhyne, Ridenour, Short, Snead, Snyder, Speed, Strickland, Tart, Taylor of
Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, and
Wills — 68.
Those voting in the negative are: Representatives Andrews, Auman, Barbee,
Beam, Carter, Church, Collins, DeBruhl, Eagles, Euliss, Fenner, Godwin of
Craven, Godwin of Gates, Gregory, Hicks, Hofler, Jernigan, Johnson of Duplin,
Leatherman, Lilley, Love, Martin, Mauney, McMillan of Robeson, Mills,
1969] HOUSE JOURNAL 187
Moore, Paschall, Quinn, Raynor, Rose, Rountree, Royal], Soles, Speros, Stan-
ford, Stevens, Stewart, Watkins, and Williamson — 39.
Those voting "present" are: Representatives Falls and Gentry — 2.
Representative Quinn objects to the third reading and the bill remains on
the Calendar.
H. B. 192, a bill to be entitled an act amending General Statutes 153-9(35^)
and 153-9(35%) relating to the authority of boards of county commissioners to
expend nontax and tax revenues for soil and water conservation so as to make
said Statutes applicable to New Hanover County.
Passes its second and third readings and is ordered sent to the Senate.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 9. An Act to amend General Statutes 163-46 so as to increase the
compensation for precinct registrars and judges.
H. B. 88. An Act authorizing the City of Greensboro to convey a fee simple
determinable estate in 10.41 acres of land to the Greensboro Police Club, In-
corporated.
H. B. 107. An Act to make Hoke County "Stock Law Territory".
H. B. 123. An Act to authorize and empower the Marion City Board of
Education to convey the Mountain View High School property to the Board
of County Commissioners of McDowell County.
H. B. 124. An Act authorizing the City of Whiteville and the Whiteville
Airport Authority to convey airport property to Columbus County.
H. B. 139. An Act amending and supplementing all laws authorizing and
providing for the issuance of bonds, notes or other obligations of a unit within
the meaning of the local government act to provide for the use of facsimile
seals and signatures.
H. B. 170. An Act to authorize the Monroe City Board of Education to con-
vey certain property to the City of Monroe.
H. B. 22. An Act to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the Scotland
Neck City Administrative Unit, to provide for the administration of the public
schools in said administrative unit, to levy a special tax for the public schools
of said administrative unit, all of which shall be subject to the approval of the
voters in a referendum or special election.
S. B. 55. An Act to amend Chapter 120 of the General Statutes so as to
establish the Legislative Intern Program Council, and to enable such council
to promulgate and adopt a plan for legislative interns.
188 HOUSE JOURNAL [Session
H. B. 130. An Act to amend Chapter 601 of the Session Laws of North
Carolina for the year 1947, as amended, authorizing the City Manager of
Winston-Salem to execute contracts, bonds and all other legal instruments,
except deeds, in the name and on behalf of the city.
S. J. R. 151. A Joint Resolution recognizing the disaster conditions created
on February 16, 1969, in certain areas of North Carolina by an ice storm.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
FORTY-SECOND DAY
House op Representatives
Tuesday, March 4, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Moore, the courtesies of the floor are extended
to Mrs. J. V. Whitfield and members of the family of the late J. V. Whitfield,
a former member of the House from Pender County.
On motion of Representatives Eagles, Fenner and Barbee, the courtesies of
the floor are extended to the Honorable Henry Grey Shelton, a former Senator
from Edgecombe County.
Representative Godwin of Craven requests, and is granted, permission to
approach the dais where he makes the following remarks in introducing special
guests to the membership:
"Mr. Speaker:
We are honored to have with us in the balcony today, a group of distinguished
military officers.
These officers, some 41 in number, representing 15 Allied Nations, are signi-
ficant of those who are dedicated to the cause of the free world. These officers
are now attending the John F. Kennedy Center for Special Warfare at Fort
Bragg, North Carolina, in special courses, including unconventional warfare
and psychological operations.
These Military Officers represent the following Allied Nations: Australia,
Brazil, Dominican Republic, Greece, India, Iran, Korea, Laos, Mexico, Okinawa,
Republic of China, Spain, Thailand, United Kingdom and Vietnam.
Upon completion of the school, these gentlemen will return to their respective
countries where they will direct, or assist in the further training of Military
1969] HOUSE JOURNAL 189
Personnel there, in defense of those who desire to live and work as free men with
honor and in peace.
I would like this group of officers and the National Guard officials with them,
to stand, and that this Assembly give them a standing vote of appreciation in
recognition of their, and their country's dedication in the defense of the free
world."
s/ R. C. Godwin
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Paschall, for the Committee on Highway Safety:
H. B. 158, a bill to be entitled an act to amend General Statutes 20-1 16(d)
pertaining to the size of vehicles and extending the length of certain trucks.
With a favorable report.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 121, a bill to be entitled an act to amend the regulations pertaining to
the sale of firearms.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 135, a bill to be entitled an act to repeal General Statutes 15-162.1,
relating to a plea of guilty in first degree murder, first degree burglary, arson
and rape.
With a favorable report.
S. B. 67, a bill to be entitled an act to authorize the dedication of streets in
partition proceedings.
With a favorable report.
By Representative Messer, for the Committee on Manufacturers and Labor.
H. B. 155, a bill to be entitled an act to amend the General Statutes with
regard to physicians qualified to treat Workmen's Compensation claimants in
North Carolina.
With a favorable report.
On motion of Representative Messer, the bill is placed on the Calendar for
Thursday, March 6, 1969.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Moore, Johnson of Duplin, Ragsdale and Mohn:
190 HOUSE JOURNAL [Session
H. J. R. 256, a joint resolution honoring the life and memory of James Vivian
Whitfield.
On motion of Representative Moore, the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Messer, DeBruhl, Quinn, Ramsey of Madison, Penny
of Durham, and Church:
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
Referred to Committee on Manufacturers and Labor.
By Representatives Ramsey of Person, Short and Royall:
H. B. 258, a bill to be entitled an act to amend General Statutes 58-79 to
allow limited leeway in making real estate investments.
Referred to Committee on Insurance.
And,
H. B. 259, a bill to be entitled an act to amend General Statutes 58-72(2) and
General Statutes 58-79.2 so as to define variable annuity contracts and provide
that domestic life insurance companies may establish separate accounts with
respect thereto.
Referred to Committee on Insurance.
By Representatives Falls and Mauney:
H. B. 260, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of Commissioners of Cleveland County to prescribe re-
gulations relating to the listing of property for taxation in that county, and to
authorize the division or combining of townships for tax listing purposes.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
H. B. 131, a bill to be entitled an act to amend General Statutes 160-181.9
relating to definitions of open space areas, and General Statutes 160-181.10 to
delete Forsyth County.
Returned for concurrence.
On motion of Representative McKnight, the House concurs in the Senate
amendment and the bill is ordered enrolled.
1969] HOUSE JOURNAL 191
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to re-
quire an applicant for a North Carolina driver's license to surrender any out-
of-state licenses previously issued to him.
On motion of Representative Paschall, consideration of the bill is postponed
until Wednesday, March 5, 1969.
H. B. 183, a bill to be entitled an act to amend Chapter 163 of the General
Statutes to provide a preference primary for candidates for President of the
United States.
Representative Strickland offers an amendment which is adopted.
Representative Rose offers an amendment which fails of adoption.
Representative Strickland calls for the "ayes" and "noes" on the passage of
the bill,
Representative Baugh moves the bill be postponed indefinitely.
Representative Holshouser calls for the "ayes" and "noes" on the question.
Now the question recurs to the postponing of the bill indefinitely.
The bill is postponed indefinitely by the following vote:
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Boshamer, Bumgardner, Burrus, Campbell of
Robeson, Carter, Chase, Church, Collins, DeBruhl, Eagles, Elliott, Euliss,
Everett, Fenner, Godwin of Craven, Godwin of Gates, Green, Gregory, Harris,
Hicks, Hofler, Horton, Jernigan, Johnson of Duplin, Jones of Rutherford,
Leatherman, Lilley, Love, Martin, Mauney, McFadyen, McMillan of Robeson,
Mills, Mohn, Moore, Paschall, Quinn, Ragsdale, Ramsey of Madison, Raynor,
Rose, Rountree, Royall, Short, Snead, Soles, Speros, Stanford, Stevens, Stewart,
Tart, Taylor of Wake, Watkins and Williamson — 60.
Those voting in the negative are: Representatives Beam, Beard, Beatty,
Billings, Blake, Boger, Bostian, Bradley, Britt, Bryan, Campbell of Mecklen-
burg, Campbell of Wilson, Carson, Clark, Coble, Covington, Culpepper, Falls,
Frye, Fulton, Garner, Gentry, Harkins, Haynes, Hege, Holshouser, Jemison,
Johnson of Cabarrus, Johnson of Wake, Kincaid, Mayfield, McDaniel, Mc-
Knight, McMichael, McMillan of Wake, Messer, Mitchell, Payne, Penny of
Durham, Penny of Harnett, Penton, Phillips, Ramsey of Person, Reid, Rhyne,
Ridenour, Roberson, Snyder, Speed, Strickland, Taylor of Transylvania,
Tolbert, Troxell, Vogler, Warlick, Whitley and Wills — 57.
H. B. 132, a bill to be entitled an act to extend the corporate existence of
Confederate Woman's Home.
Passes its second and third readings and is ordered sent to the Senate.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
192 HOUSE JOURNAL [Session
H. B. 149. An Act to amend the Minimum Wage Act.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
FORTY-THIRD DAY
House of Representatives
Wednesday, March 5, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Dewey James, Pastor of Cleveland
Baptist Church, Rowan County.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Beard, Soles and Williamson
for today.
A leave of absence is granted Representative Billings for today, Thursday
and Friday.
REPORT OP COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 219, a bill to be entitled an act to amend Chapter 48, Session Laws of
1963, as amended, relating to Alcoholic Beverage Control stores in the Town
of Roseboro.
With a favorable report.
S. B. 88, a bill to be entitled an act to authorize the qualified voters of the
Town of Mount Airy to determine whether or not Alcoholic Beverage Control
stores shall be established in said town and to prescribe the disposition of the
net profits thereof.
With a favorable report.
By Representative Eagles, for the Committee on Banks and Banking:
1969] HOUSE JOURNAL 193
H. B. 234, a bill to be entitled an act to amend Articles 11, 13 and 14 of
Chapter 54 of the General Statutes relating to the powers, officers and super-
vision of credit unions.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
S. B. 34, a bill to be entitled an act to amend various sections of the General
Statutes to take into account the existence of the Court of Appeals.
With a favorable report.
By Representative Tart, for the Committee on Education:
H. B. 226, a bill to be entitled an act to provide an election or referendum for
certain areas in Rockingham County on the question of whether or not they
shall be annexed to the Madison-Mayodan City administrative unit.
With a favorable report, as amended.
H. B. 248, a bill to be entitled an act relating to the terms of office of members
of the school board of the Reidsville Graded School District in Rockingham
County.
With a favorable report.
S. B. 110, a bill to be entitled an act to authorize the use of school buses as
needed for instructional programs and to transport pupils with special needs.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Lilley and Elliott:
H. B. 261, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the same
applicable to Jones County.
Referred to Committee on Local Government.
By Representative Campbell of Robeson:
H. B. 262, a bill to be entitled an act to amend the Charter of the Town of
Fairmont so as to fix the salary of the Mayor and the Town Commissioners.
Referred to Committee on Local Government.
By Representative Barr:
H. B. 263, a bill to be entitled an act to prohibit the taking of wildlife at night
with the aid of an artificial light from or through the use of any conveyance.
Referred to Committee on Wildlife Resources.
By Representative Auman:
194 HOUSE JOURNAL [Session
H. B. 264, a bill to be entitled an act to authorize a referendum in the Town
of Aberdeen on Alcoholic Beverage Control stores and the sale of beer and wine.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Harris and Euliss:
H. B. 265, a bill to be entitled an act relating to the Alamance County Law
Library.
Referred to Committee on Judiciary No. 1.
By Representatives Church and Speed:
H. B. 266, a bill to be entitled an act to authorize the Vance County Board
of Education to convey certain surplus property to the County of Vance.
Referred to Committee on Education.
By Representatives Speros, Auman, Barker, Barr, Baugh, Beam, Beatty,
Boshamer, Britt, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell
of Robeson, Campbell of Wilson, Carter, Chase, Collins, Covington, Culpepper,
DeBruhl, Elliott, Everett, Falls, Frye, Gentry, Godwin of Craven, Gregory,
Hicks, Jernigan, Johnson of Duplin, Jones of Rutherford, Lilley, Love, Martin,
McFadyen, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mohn, Moore, Penny of Durham, Phillips, Quinn, Ragsdale, Ramsey of Madi-
son, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short,
Snead, Soles, Speed, Stewart, Strickland, Tart, Vogler and Williamson:
H. B. 267, a bill to be entitled an act to establish Pembroke College as a
regional university with the designation of "Pembroke State University."
Referred to Committee on Higher Education.
By Representatives Campbell of Wilson, Roberson, and Beatty:
H. B. 268, a bill to be entitled an act to provide for the broadcasting of certain
public notices.
Referred to Committee on Judiciary No. 2.
By Representatives Culpepper and Godwin of Gates:
H. B. 269, a bill to be entitled an act relating to the election of the Board of
County Commissioners of Currituck County.
Referred to Committee on Local Government.
And,
H. B. 270, a bill to be entitled an act to fix the compensation of the chairman
and members of the Board of County Commissioners of Currituck County.
Referred to Committee on Local Government.
By Representatives Speed, Stanford, Gentry, Chase, Falls, McFadyen,
Holshouser and Church:
1969] HOUSE JOURNAL 195
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of
the General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
Referred to Committee on Agriculture.
By Representatives Speed, Gentry, Falls, Collins, Chase, McFadyen and
Holshouser:
H. B. 272, a bill to be entitled an act rewriting General Statutes 106-564.3
relating to assessments on cattle so as to provide for assessments on all cattle
sold.
Referred to Committee on Agriculture.
By Representatives McMillan of Robeson, Williamson, Campbell of Robeson,
Auman, Speros, McFadyen, Vogler, Tart, and Strickland:
H. B. 273, a bill to be entitled an act to authorize limited State aid to pay-
ment of plant operation costs at institutions of the Community College System
and to make appropriations therefor.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 48, a bill to be entitled an act to make it a felony for a person to remove
a child from this State when a court has awarded custody to another person.
Referred to Committee on Judiciary No. 1.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
Referred to Committee on Agriculture.
S. B. 103, a bill to be entitled an act permitting citizens of this State to pur-
chase rifles and shotguns in contiguous states and defining antique firearms.
Referred to Committee on Judiciary No. 2.
S. B. 115, a bill to be entitled an act providing the City of Albemarle, North
Carolina, alternative methods of assessing the cost of extending water and
sewer lines.
Referred to Committee on Local Government.
S. B. 133, a bill to be entitled an act to amend Article 16 of Chapter 106 re-
lating to bottling of soft drinks so as to provide for regulation thereof by the
Department of Agriculture.
Referred to Committee on Agriculture.
196 HOUSE JOURNAL [Session
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to
require an applicant for a North Carolina driver's license to surrender any out-
of-state licenses previously issued to him.
On motion of Representative Paschall consideration of the bill is postponed
until Thursday, March 6, 1969.
H. B. 49, a bill to be entitled an act to authorize County Boards of Elections
to conduct a new registration of voters during the year 1969 pursuant to in-
stalling loose-leaf registration as required by General Statutes 163-65.
Representative Messer offers two amendments which are adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 121, a bill to be entitled an act to amend the regulations pertaining to
the sale of firearms.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 135, a bill to be entitled an act to repeal General Statutes 15-162.1,
relating to a plea of guilty in first degree murder, first degree burglary, arson
and rape.
Passes its second reading.
Representative Andrews objects to the third reading and the bill remains
on the Calendar.
On motion of Representative Ramsey of Person further consideration is
postponed until Tuesday, March 11, 1969.
H. B. 158, a bill to be entitled an act to amend General Statutes 20-116(d)
pertaining to the size of vehicles and extending the length of certain trucks.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 67, a bill to be entitled an act to authorize the dedication of streets in
partition proceedings.
Passes its second reading.
Representative McKnight objects to the third reading and the bill remains
on the Calendar.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 256. A Joint Resolution honoring the life and memory of James
Vivian Whitfield.
1969] HOUSE JOURNAL 197
H. B. 131. An Act to amend General Statutes 160-181.9 relating to definitions
of open space areas, and General Statutes 160-181.10 to delete Forsyth County.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
FORTY-FOURTH DAY
House of Representatives
Thursday, March 6, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Boshamer, Harkins and Roun-
tree for tomorrow.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Speed, for the Committee on Agriculture:
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of the
General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
With a favorable report.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 182, a bill to be entitled an act to amend General Statutes 1-315, re-
lating to levy on property subject to sale under execution.
With a favorable report, as amended.
S. B. 35, a bill to be entitled an act to amend General Statutes 113-120.3 to
increase penalty for mutilation, destruction of posted signs.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
198 HOUSE JOURNAL [Session
H. B. 179, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Boards of County Commissioners of Jackson, Transylvania, and
Swain counties to prescribe regulations relating to the listing of property for
taxation in those counties.
With a favorable report.
H. B. 201, a bill to be entitled an act to amend Chapter 598 of the Session
Laws of 1967 authorizing use of non-tax revenues for recieational purposes in
Mecklenburg County.
With a favorable report.
H. B. 217, a bill to be entitled an act authorizing the Pamlico County Board
of Education to convey to Hobucken Community Development, Inc., a portion
of the Hobucken School site on which the Hobucken School Teacherage building
is located for use as a community center.
With a favorable report.
H. B. 222, a bill to be entitled an act to amend Chapter 402 of the Session
Laws of 1947 relating to the establishment of Winston-Salem Firemen's Retire-
ment Fund Association.
With a favorable report.
H. B. 232, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Wilson and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Wilson.
With a favorable report.
H. B. 244, a bill to be entitled an act to establish a supplementary pension
fund for firemen in the Town of North Wilkesboro.
With a favorable report.
H. B. 246, a bill to be entitled an act to amend Chapter 119 of the private
laws of 1913 by increasing the number of town commissioners in Norlina from
three to five.
With a favorable report, as amended.
H. B. 249, a bill to be entitled an act to make applicable to the Town of Glen
Alpine the provisions of General Statutes 105-422 relating to the limitation of
actions on tax liens.
With a favorable report.
H. B. 253, a bill to be entitled an act to amend the Charter of the Town of
Edenton, Chapter 1013 of the Session Laws of North Carolina, 1961, to eliminate
the requirement for a separate polling place in each of the several wards at
municipal elections.
With a favorable report.
1969] HOUSE JOURNAL 199
H. B. 255, a bill to be entitled an act to create the office of Director of Finance
in Cleveland County.
With a favorable report.
S. B. 58, a bill to be entitled an act to give the members of the Police Depart-
ments of all cities, towns and municipalities in Richmond County the authority
to make arrests and serve criminal process in the territories outside the corporate
limits for a distance of two and one-half miles.
With a favorable report.
S. B. 87, a bill to be entitled an act to amend General Statutes 160-181.2 so
as to include the City of Hamlet in the extraterritorial jurisdiction for zoning
purposes.
With a favorable report.
S. B. 102, a bill to be entitled an act fixing the salaries of the county com-
missioners of Pitt County at one hundred fifty dollars ($150.00) per month.
With a favorable report.
S. B. 123, a bill to be entitled an act placing Caswell County under the general
laws relating to county fiscal control.
With a favorable report.
S. B. 124, a bill to be entitled an act relating to the compensation of the mem-
bers of the Board of County Commissioners of Caswell County.
With a favorable report.
By Representative Vogler, for the Committee on State Government:
S. B. 136, a bill to be entitled an act to rewrite Article 46 of Chapter 143 of
the General Statutes, relating to the Governor's Committee on Law and Order.
With a favorable report.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 220, a bill to be entitled an act to establish the hunting season for bear,
deer, and squirrel in the counties of Duplin, Onslow, and Pender.
With a favorable report, as amended.
On motion of Representative Johnson of Duplin the bill is placed on the
Calendar for Thursday, March 13, 1969.
H. B. 240, a bill to be entitled an act to regulate the use of firearms in field
trials and in training dogs.
With a favorable report.
H. B. 241, a bill to be entitled an act to require skin divers to display a
warning flag as approved by the Underwater Society of America.
With a favorable report.
200 HOUSE JOURNAL [Session
H. B. 242, a bill to be entitled an act to exempt boats operated on private
ponds from motorboat law.
With a favorable report.
H. B. 254, a bill to be entitled an act to close temporarily the bear season in
a portion of Gates County.
With a favorable report.
H. B. 263, a bill to be entitled an act to prohibit the taking of wildlife at
night with the aid of an artificial light from or through the use of any convey-
ance.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Speros, McMillan of Robeson, McFadyen, and Campbell
of Robeson:
H. B. 274, a bill to be entitled an act to authorize the governing body of the
Town of Maxton, North Carolina, to appoint a city manager and to prescribe
his powers and duties.
Referred to Committee on Local Government.
By Representatives Stewart and Short:
H. B. 275, a bill to be entitled an act to make appropriations to the Teachers'
and State Employees' Retirement System so as to provide certain minimum
benefits.
Referred to Committee on State Personnel.
And,
H. B. 276, a bill to be entitled an act to provide more equitable retirement
pension allowances for former teachers and state employees.
Referred to Committee on State Personnel.
And,
H. B. 277, a bill to be entitled an act to credit service rendered by certain
teachers and state employees prior to July 1, 1941 for retirement purposes.
Referred to Committee on State Personnel.
By Representative Mills:
H. B. 278, a bill to be entitled an act to appropriate funds to the State Board
of Education to provide financial assistance to hospital programs of nursing
education leading to diplomas in nursing.
Referred to Committee on Appropriations.
19691 HOUSE JOURNAL 201
By Representatives Mitchell and Troxell:
H. B. 279, a bill to be entitled an act to provide for an election of all members
of boards of trustees administering and operating public schools where the
administrative unit is composed of areas located in more than one county.
Referred to Committee on Education.
By Representatives McDaniel, McKnight, Wills, Williamson, Jemison
Payne, Ridenour, Rhyne, and Tolbert:
H. B. 280, a bill to be entitled an act to protect the public schools of the
State from intruders, trepassers and persons carrying firearms and other wea-
pons.
Referred to Committee on Judiciary No. 1.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 71, a bill to be entitled an act reducing the term of office of the Asheville
City Council to two years.
Referred to Committee on Local Government.
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said act.
Referred to Committee on Agriculture.
S. B. 131, a bill to be entitled an act to validate the acts of certain notaries
where the notary seal incorrectly contained the name of another state.
Referred to Committee on Judiciary No. 2.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 219, a bill to be entitled an act to amend Chapter 48, Session Laws of
1963, as amended, relating to Alcoholic Beverage Control Stores in the Town
of Roseboro.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 226, a bill to be entitled an act to provide an election or referendum
for certain areas in Rockingham County on the question of whether or not they
shall be annexed to the Madison-Mayodan City administrative unit.
On motion of Representative McMichael the Committee amendment is
adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
202 HOUSE JOURNAL [Session
H. B. 248, a bill to be entitled an act relating to the terms of office of members
of the school board of the Reidsville Graded School District in Rockingham
County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 88, a bill to be entitled an act to authorize the qualified voters of the
Town of Mount Airy to determine whether or not alcoholic beverage control
stores shall be established in said town and to prescribe the disposition of the
net profits thereof.
Passes its second and third readings and is ordered enrolled.
H. B. 126, a bill to be entitled an act prohibiting the use of electronic sounding
devices in taking game and birds.
On motion of Representative Beard the bill is recommitted to the Com-
mittee on Wildlife Resources.
H. B. 155, a bill to be entitled an act to amend the General Statutes with
regard to physicians qualified to treat Workmen's Compensation claimants
in North Carolina.
On motion of Representative Horton consideration of the bill is postponed
until Friday, March 7, 1969.
H. B. 234, a bill to be entitled an act to amend Articles 11, 13, 14 and Chapter
54 of the General Statutes relating to the powers, officers and supervision of
credit unions.
On motion of Representative Ramsey of Madison consideration of the bill
is postponed until Tuesday, March 11, 1969.
S. B. 34, a bill to be entitled an act to amend various sections of the General
Statutes to take into account the existence of the Court of Appeals.
Passes its second and third readings and is ordered enrolled.
S. B. 110, a bill to be entitled an act to authorize the use of school buses as
needed for instructional programs and to transport pupils with special needs.
Passes its second and third readings and is ordered enrolled.
H. B. 110, a bill to be entitled an act to amend General Statutes 20-9 to
require an applicant for a North Carolina driver's license to surrender any
out-of-state licenses previously issued to him.
Representative Leatherman moves consideration of the bill be postponed
until Thursday, March 13, 1969.
Representative Paschall calls the previous question.
The call is sustained.
Now the question recurs to the passage of the bill on its third reading.
Passes its third reading as amended and is ordered engrossed and sent to
the Senate.
,6969] HOUSE JOURNAL 203
S. B. 67, a bill to be entitled an act to authorize the dedication of streets in
partition proceedings.
Passes its third reading and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. B. 57. An Act granting ordinance-making authority to counties.
H. B. 84. An Act amending General Statutes 20-ll(b) relating to auto-
mobile operators learners' permits so as to permit night driving with such
permits.
H. B. 133. An Act to repeal Chapter 503 of the Session Laws of 1953 re-
lating to the Recorder's Court at Mooresville, Iredell County, and to amend
Chapter 613 Public-Local Laws 1913.
H. B. 181. An Act to amend General Statutes 31-1 to authorize any person
of sound mind, and 18 years of age or over, to make a will.
On motion of Representative Godwin of Gates, duly seconded, the House
adjourns to meet tomorrow at 10:00 o'clock A. M.
FORTY-FIFTH DAY
House of Representatives
Friday, March 7, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative McMillan of Robeson, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Speed, S. B. 72, entitled "a bill to be entitled
an act amending the North Carolina Seed Law so as to provide for collecting
funds under said Act." is withdrawn from the Committee on Agriculture and
referred to the Committee on Finance.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Shelton Wicker, a former member of the House from Lee County, who is
accompanied by his wife and son, Bobby Wicker, a former Chief Page of the
House.
Report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
204 HOUSE JOURNAL [Session
By Representative Gentry, for the Committee on Election Laws:
S. B. 90, a bill to be entitled an act to amend Chapter 989, Session Laws of
1967, to clarify election procedures in annexed areas.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Ramsey of Madison, Messer, DeBruhl, Harkins, Stevens
and Beam:
H. B. 281, a bill to be entitled an act appropriating funds to the Department
of Agriculture to establish a modern laboratory in western North Carolina
for testing the butterfat content of milk.
Referred to Committee on Appropriations.
By Representatives Garner and Blake:
H. B. 282, a bill to be entitled an act to eliminate the requirement that not
less than two members of the Board of Education of the Asheboro City Ad-
ministrative Unit reside in territory outside the City of Asheboro.
Referred to Committee on Election Laws.
By Representatives Vogler, Baugh, Beatty, Campbell of Mecklenburg,
Carson, Hicks, and Jones of Mecklenburg.
H. B. 283, a bill to be entitled an act to amend the act relating to the authority
of the Charlotte Firemen's Retirement System to invest in stock.
Referred to Committee on Local Government.
And,
H. B. 284, a bill to be entitled an act to amend the Charter of the City of
Charlotte.
Referred to Committee on Local Government.
By Representative Stewart:
H. B. 285, a bill to entitled an act to amend the General Statutes relating to
interest and charges on borrowed money.
Referred to Committee on Banks and Banking.
By Representative Collins:
H. B. 286, a bill to be entitled an act appropriating funds for the establish-
ment of a live-stock weighing station at the Ashe-Alleghany County line and
establishing a committee to operate the weighing station.
Referred to Committee on Appropriations.
1969] HOUSE JOURNAL 205
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
Senate Committee Substitute for H. B. 97, a bill to be entitled an act amend-
ing General Statutes 20-179 so as to limit the first and second offenses of driving
under the influence of intoxicating liquor or narcotic drugs to six months im-
prisonment.
Returned for concurrence in Senate Committe Substitute.
On motion of Representative Short, the House concurs in the Senate Com-
mittee Substitute and the bill is ordered enrolled.
S. B. 36, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Robeson County to regulate
garbage disposal.
Referred to Committee on Local Government.
S. B. 118, a bill to be entitled an act to provide for filling vacancies on the
Board of County Commissioners of Person County.
Referred to Committee on Local Government.
S. B. 125, a bill to be entitled an act to change the time of meeting of the
General Assembly after the election of a governor to the second Wednesday in
February.
Referred to Committee on State Government.
S. B. 156, a bill to be entitled an act to amend Article 11, 13 and 14 of Chapter
54 of the General Statutes relating to the powers, officers and supervision of
credit unions.
Referred to Committee on Banks and Banking.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 179, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Boards of County Commissioners of Jackson, Transylvania, and
Swain Counties to prescribe regulations relating to the listing of property for
taxation in those counties.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 201, a bill to be entitled an act to amend Chapter 598 of the Session
Laws of 1967 authorizing use of non-tax revenues for recreational purposes in
Mecklenburg County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 217, a bill to be entitled an act authorizing the Pamlico County Board
of Education to convey to Hobucken Community Development, Inc. a portion
of the Hobucken School site on which the Hobucken School Teacherage building
is located for use as a community center.
206 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
H. B. 222, a bill to be entitled an act to amend Chapter 402 of the Session
Laws of 1947 relating to the establishment of Winston-Salem Firemen's Retire-
ment Fund Association.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 232, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Wilson and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Wilson.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 244, a bill to be entitled an act to establish a supplementary pension
fund for firemen in the Town of North Wilkesboro.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 246, a bill to be entitled an act to amend Chapter 119 of the Private
Laws of 1913 by increasing the number of town commissioners in Norlina from
three to five.
On motion of Representative Church, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 249, a bill to be entitled an act to to make applicable to the Town of
Glen Alpine the provisions of General Statutes 105-422 relating to the limitation
of actions on tax liens.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 253, a bill to be entitled an act to amend the Charter of the Town of
Edenton, Chapter 1013 of the Session Laws of North Carolina, 1961, to eliminate
the requirement for a separate polling place in each of the several wards at
municipal elections.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 254, a bill to be entitled an act to close temporarily the bear season in
a portion of Gates County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 255, a bill to be entitled an act to create the office of Director of Finance
in Cleveland County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 58, a bill to be entitled an act to give the members of the Police Depart-
ments of all cities, towns and municipalities in Richmond County the authority
to make arrests and serve criminal process in the territories outside the corporate
limits for a distance of two and one-half miles.
Passes its second and third readings and is ordered enrolled.
1969] HOUSE JOURNAL 207
S. B. 87, a bill to be entitled an act to amend General Statutes 160-181.2 so as
to include the City of Hamlet in the extraterritorial jurisdiction for zoning
purposes.
Passes its second and third readings and is ordered enrolled.
S. B. 102, a bill to be entitled an act fixing the salaries of the county com-
missioners of Pitt County at one hundred fifty dollars ($150.00) per month.
Passes its second and third readings and is ordered enrolled.
S. B. 123, a bill to be entitled an act placing Caswell County under the general
laws relating to county fiscal control.
Passes its second and third readings and is ordered enrolled.
S. B. 124, a bill to be entitled an act relating to the compensation of the mem-
bers of the Board of County Commissioners of Caswell County.
Passes its second and third readings and is ordered enrolled.
H. B. 155, a bill to be entitled an act to amend the General Statutes with re-
gard to physicians qualified to treat Workmen's Compensation claimants in
North Carolina.
Representative Horton offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 182, a bill to be entitled an act to amend General Statutes 1-315, re-
lating to levy on property subject to sale under execution.
On motion of Representative Clark, the Committee amendment is adopted.
On motion of Representative Twiggs, consideration of the bill is postponed
until Tuesday, March 11, 1969.
On motion of Representative Mohn, the bill is withdrawn from Tuesday's
Calendar and referred to the Committee on Judiciary No. 2.
H. B. 240, a bill to be entitled an act to regulate the use of firearms in field
trials and in training dogs.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 241, a bill to be entitled an act to require skin divers to display a warn-
ing flag as approved by the Underwater Society of America.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 242, a bill to be entitled an act to exempt boats operated on private
ponds from motorboat law.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 263, a bill to be entitled an act to prohibit the taking of wildlife at
night with the aid of an artificial light from or through the use of any con-
veyance.
208 HOUSE JOURNAL [Session
Representative Barr offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of the
General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
On motion of Representative Speed consideration of the bill is postponed
until Monday night, March 10, 1969.
S. B. 35, a bill to be entitled an act to amend General Statutes 113-120.3 to
increase penalty for mutilation, destruction of posted signs.
Passes its second and third readings and is ordered enrolled.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
On motion of Representative Speed consideration of the bill is postponed
until Wednesday, March 12, 1969.
S. B. 136, a bill to be entitled an act to rewrite Article 46 of Chapter 143 of
the General Statutes, relating to the Governor's Committee on Law and Order.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 58. An Act to amend General Statutes 24-10 relating to 7% interest
on residential loans so as to permit 7 % interest on certain church building and
improvement loans.
H. B. 82. An Act to amend General Statutes 53-91 to authorize loans in
excess of $2500 to officers of banks.
H. B. 145. An Act to amend Chapter 93B of the General Statutes to require
occupational licensing boards to file annual reports with the Attorney General's
Office.
H. B. 161. An Act applicable to Winston-Salem only, amending General
Statutes 160-175.
S. B. 34. An Act to amend various sections of the General Statutes to take
into account the existence of the Court of Appeals.
S. B. 67. An Act to authorize the dedication of streets in partition pro-
ceedings.
S. B. 88. An Act to authorize the qualified voters of the Town of Mount Airy
to determine whether or not Alcoholic Beverage Control stores shall be estab-
lished in said Town and to prescribe the disposition of the net profits thereof.
1969] HOUSE JOURNAL 209
S. B. 110. An Act to authorize the use of school buses as needed for instruc-
tional programs and to transport pupils with special needs.
On motion of Representative Johnson of Dup in, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
FORTY-SIXTH DAY
House of representatives
Saturday March 8, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Twiggs, designated by Mr. Speaker Vaughn, as Speaker Pro Tempore.
Prayer is offered by Representative Twiggs.
Representative Taylor of Wake, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
On motion of the Chair, the House adjourns to meet Monday night at 8
o'clock.
FORTY-SEVENTH DAY
House of Representatives
Monday night, March 10, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend William Painter, Pastor of Presbyterian
Church, West End, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Hofler, the courtesies of the floor are extended
to the Honorable John Larkins, United States District Judge.
A leave of absence is granted Representative Elliott for tonight.
A leave of absence is granted Representative Beard for tonight and tomorrow.
On motion of Representative McMichael, H. B. 248, entitled "a bill to be
entitled an act relating to the terms of office of members of the school board of
the Reidsville Graded School District in Rockingham County." is recalled
from the Senate for further consideration.
On motion of Representative Eagles, S. B. 156, entitled "a bill to amend
Article 11, 13 and 14 of Chapter 54 of the General Statutes relating to the
powers, officers and supervision of credit unions." is withdrawn from the Com-
mittee on Banks and Banking and placed on the Calendar for tomorrow.
210 HOUSE JOURNAL [Session
On motion of Representative McMillan of Robeson, a statement made by
individual members of the Faculty of the Institute of Government is read and
ordered spread on the Journal.
"This University has a long and honorable history of resisting efforts to
curtail freedom of expression. We associate ourselves unreservedly with that
tradition.
Adherence to that tradition does not require defense — or even condonation
— of methods of expression which trespass upon the rights of others and disrupt
the life of the University. Indeed, nothing so effectually sabotages any mean-
ingful search for truth as the tactical resort to violence of threats of violence by
a militant minority which insists that it alone can identify truth and that
whatever is identified by it as truth, must be universally accepted. This is the
totalitarian — not the democratic — approach to freedom of expression.
The mission of the University would be equally subverted if its teachers, who
have voluntarily entered into lawful contracts, deliberately pervert or refuse to
carry out their assignments, justifying such conduct by citing their disagree-
ment with their characterization of University policies. Such conduct is not
a legitimate assertion of the right to criticize. It is a breach of faith and a
clear neglect of duty. Such conduct, legally and morally unjustifiable, is pe-
culiarly reprehensible when engaged in by those who profess high moral motives.
In the present University crisis, to the extent that a labor dispute is involved,
we believe that the University is moving, with good will and in good faith, to
reach just solutions. We strongly endorse that effort and urge that it continue
with maximum possible speed. We believe that the labor dispute can be settled
more quickly and more justly if those groups whose conduct led to the presence
of highway patrolmen publicly renounce any intention to renew such conduct.
We have a poor case for withdrawal of the patrol until we can point to such
solid evidence that peace will prevail in its absence.
Unfortunately, there is evidence that small minorities of students and teachers,
urged on and supported by individuals from outside the University community,
are determined, by violence, threats of violence, disruption and neglect of duty,
to force adoption of their views as to matters irrelevant to the present labor
dispute. We condemn any such effort, while there is small chance that, by
such tactics, they can win control of University policies, there is real danger
that they will goad the people of the State into destroying freedom of expression
for all of us.
We support the Chancellor and the President in their efforts to maintain
order, to do justice, and to preserve for us and for posterity a University in
which truth wins its way by its intellectual merits."
Signed by: George M. Cleland, Joseph S. Ferrell, Philip P. Green, Jr.,
Donald Hayman, Milton S. Heath, Jr., C. E. Hinsdale, Harvey D. Miller,
Robert E. Phay, John L. Sanders, Rebecca B. Scoggin, Mason P. Thomas, Jr.,
David G. Warren, L. Poindexter Watts, Jake Wicker, and S. Kenneth Howard.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
1969] HOUSE JOURNAL 211
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment.
H. B. 51, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the registers of deeds throughout North Carolina.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time and disposed of as
follows:
By Representative Stanford:
H. B. 287, a bill to be entitled an act to eliminate the requirement that not
more than two members of the Orange County Board of Education may reside
in any one Township of the County.
Referred to Committee on Education.
By Representative Martin:
H. B. 288, a bill to be entitled an act to amend General Statutes 18-57 so as
to provide for the distribution of Alcoholic Beverage Control store funds in
Northampton County.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Burrus, Roberson and McMillan of Robeson:
H. B. 289, a bill to be entitled an act appropriating the sum of ten thousand
dollars for each year of the biennium to the Elizabethan Garden of the Garden
Clubs of North Carolina, Inc.
Referred to Committee on Appropriations.
By Representatives Burrus and Roberson:
H. B. 290, a bill to be entitled an act appropriating funds to the Roanoke
Island Historical Association to pay off indebtedness for capital improvements.
Referred to Committee on Appropriations.
By Representative Church:
H. B. 291, a bill to be entitled an act abolishing the salary of the Constable
of Henderson Township in Vance County.
Referred to Committee on Local Government.
By Representative McFadyen:
H. B. 292, a bill to be entitled an act to amend Chapter 215 of the Public-
Local Laws of 1931, relating to fox hunting in Hoke and other counties so as to
exempt Hoke County from the provisions of said Act.
212 HOUSE JOURNAL [Session
Referred to Committee on Wildlife Resources.
By Representative Mohn:
H. B. 293, a bill to be entitled an act enabling each of the counties of the
State to impose and levy a sales and use tax of one per cent (1%) upon certain
taxable transactions.
Referred to Committee on Finance.
By Representatives Bumgardner, Leatherman, Rhyne, and Stewart:
H. B. 294, a bill to be entitled an act to amend General Statutes 163-117 so
as to provide for numbered seats in the Forty-first District of the House of
Representatives.
Referred to Committee on State Government.
By Representative Gentry:
H. B. 295, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Stokes County.
Referred to Committee on Local Government.
By Representative Gregory:
H. B. 296, a bill to be entitled an act to amend Chapters 18 and 105 of the
General Statutes to provide additional revenue and revenue sources for the
General Fund of the State and to redefine the definition of "Head of Household"
for income tax purposes.
Referred to Committee on Finance.
And,
H. B. 297, a bill to be entitled an act to amend Chapters 20 and 105 of the
General Statutes to provide additional revenue for the Highway Fund of the
State.
Referred to Committee on Finance.
special message from the senate
Senate Chamber
March 10, 1969
Mr. Speaker:
Pursuant to your request, we are returning herewith House Bill 248, "A
bill to be entitled an act relating to the terms of office of members of the School
Board of the Reidsville Graded School District in Rockingham County," for
your further consideration.
Respectfully,
S/ Roy Rowe
Principal Clerk
On motion of Representative McMichael, the bill is re-referred to the Com-
mittee on Education.
1969] HOUSE JOURNAL 213
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 113, a bill to be entitled an act to recodify and simplify the law con-
cerning discharge of record of mortgages, deeds of trust and other instru-
ments intended to secure the payment of money or the performance of any
other obligation.
Referred to Committee on Judiciary No. 2.
S. B. 142, a bill to be entitled an act to amend Chapter 982 of the Session Laws
of 1963; to repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to
allocate the profits earned by the Hamlet Board of Alcoholic Control.
Referred to Committee on Alcoholic Beverage Control.
S. B. 117, a bill to be entitled an act authorizing Person County to levy
special purpose taxes for certain purposes.
Referred to Committee on Finance.
S. B. 155, a bill to be entitled an act to authorize the qualified voters of the
Town of Bessemer City to determine whether wine and beer may be legally
sold and Alcoholic Beverage Control stores operated in the Town of Bessemer
City.
Referred to Committee on Alcoholic Beverage Control.
S. B. 169, a bill to be entitled an act to extend the corporate limits of the City
of Jacksonville so as to include the area on which the City's waste stabilization
lagoon is located.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of
the General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 90, a bill to be entitled an act to amend Chapter 989, Session Laws of
1967, to clarify election procedures in annexed areas.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
214 HOUSE JOURNAL [Session
H. B. 127. An Act to amend General Statutes 160-61.1, relating to the
authority of municipalities to execute warranty deeds, so as to make it appli-
cable to Moore County.
H. B. 212. An Act to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department of
Agriculture.
H. B. 97. An Act amending General Statutes 20-179 so as to limit the first
and second offenses of driving under the influence of intoxicating liquor or
narcotic drugs to six months imprisonment.
S. B. 35. An Act to amend General Statutes 113-120.3 to increase penalty for
mutilation, destruction of posted signs.
S. B. 58. An Act to give the members of the police departments of all cities,
towns and municipalities in Richmond County the authority to make arrests
and serve criminal process in the territories outside the corporate limits for a
distance of two and one-half miles.
S. B. 87. An Act to amend General Statutes 160-181.2 so as to include the
City of Hamlet in the extraterritorial jurisdiction for zoning provisions.
S. B. 102. An Act fixing the salaries of the County Commissioners of Pitt
County at one hundred fifty dollars ($150.00) per month.
S. B. 123. An Act placing Caswell County under the general laws relating
to county fiscal control.
S. B. 124. An Act relating to the compensation of the members of the Board
of County Commissioners of Caswell County.
S. B. 136. An Act to rewrite Article 46 of Chapter 143 of the General
Statutes, relating to the Governor's Committee on Law and Order.
On motion of Representative Quinn, duly seconded, the House adjourns to
meet tomorrow at 12 o'clock Noon.
FORTY-EIGHTH DAY
House of Representatives
Tuesday, March 11, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
Representative Gentry requests, and is granted, permission to approach the
dais where he introduces a special guest, Mrs. Gail Puzak of Winston-Salem,
North Carolina who issued a special invitation to the members to attend
"Shenanigans '69" to be held in Greensboro on Friday, March 14.
1969] HOUSE JOURNAL 215
On motion of Representatives Penton and Snead, the courtesies of the floor
are extended to the Honorable George Clark, a former member of the House
from New Hanover County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Ramsey of Person, for the Committee on Insurance:
H. B. 62, a bill to be entitled an act to amend Article 12A of Chapter 143
of the General Statutes relating to the death benefits for law enforcement
officers.
With a favorable report.
On motion of Representative Ramsey of Person the bill is recommitted to
Committee on Appropriations.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 134, a bill to be entitled an act to amend General Statutes 14-132.1 so
as to increase the maximum punishment for demonstrations or assemblies of
persons kneeling or lying down in public buildings.
With a favorable report, as amended.
H. B. 265, a bill to be entitled an act relating to the Alamance County Law
Library.
With a favorable report.
S. B. 48, a bill to be entitled an act to make it a felony for a person to remove
a child from this State when a court has awarded custody to another person.
With a favorable report.
By Representative Messer, for the Committee on Manufacturers and Labor:
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Chase:
H. J. R. 298, a joint resolution endorsing the observance of "National Arthritis
Month" and designating the month of May as "Arthritis Month in North Caro-
lina".
On motion of Representative Chase the rules are suspended and the bill is
placed on its immediate passage.
216 HOUSE JOURNAL [Session
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representative Johnson of Duplin:
H. B. 299, a bill to be entitled an act relating to hunting from public roads
in Duplin County.
Referred to Committee on Wildlife Resources.
By Representatives Johnson of Duplin and Rountree:
H. B. 300, a bill to be entitled an act to appropriate certain funds to the Uni-
versity of North Carolina at Chapel Hill School of Medicine to provide special
teacher program for medical students, to improve community medical care,
and to improve education of personal and family physicians.
Referred to Committee on Appropriations.
And,
H. B. 301, a bill to be entitled an act to appropriate certain funds to the Uni-
versity of North Carolina at Chapel Hill to provide for certain capital improve-
ments for the University Medical School.
Referred to Committee on Appropriations.
And,
H. J. R. 302, a joint resolution urging the vocation guidance, recruitment and
encouragement of students to enter premedical and medical education.
Referred to Committee on Health.
And,
H. J. R. 303, a joint resolution urging the strenghtening of science and other
facets of premedical education.
Referred to Committee on Health.
And,
H. J. R. 304, a joint resolution urging the three medical schools in the State
to increase their output of physicians.
Referred to Committee on Health.
And,
H. J. R. 305, a joint resolution urging the Appropriations Committees to
fully review and act favorable upon the "B" Budget requests of the University
of North Carolina School of Medicine for the means to develop and expand
programs relating to community medical care, special education for North Caro-
lina students, and family physician education.
1969] HOUSE JOURNAL 217
Referred to Committee on Health.
And,
H. J. R. 306, a joint resolution authorizing and directing the Legislative
Research Commission to study North Carolina's Health Manpower needs,
measures to increase the supply, and means to accomplish indicated changes
in the health care system.
Referred to Committee on Health.
And,
H. B. 307, a bill to be entitled an act to appropriate $127,554.00 to the Uni-
versity of North Carolina to establish a Professor of Family Medicine at the
School of Medicine.
Referred to Committee on Health.
By Representatives DeBruhl, Harkins, Penton, Snead, Johnson of Duplin,
Stevens, Jones of Rutherford, Boshamer, McFadyen, Messer, Ramsey of
Madison, Beam, McMichael, McMillan of Robeson, Carter and Auman:
H. B. 308, a bill to be entitled an act to make Wilmington College and Ashe-
ville-Biltmore College campuses of the University of North Carolina under the
designations of "The University of North Carolina at Wilmington", and "The
University of North Carolina at Asheville."
Referred to Committee on Higher Education.
By Representatives McFadyen, McMillan of Robeson, Speros, and Campbell
of Robeson:
H. B. 309, a bill to be entitled an act to amend General Statutes 163-151 re-
lating to single shot voting so as to make Section 3, Sub-Section (b) thereof
inapplicable to Hoke County.
Referred to Committee on Election Laws.
By Representatives Harris and Euliss:
H. B. 310, a bill to be entitled an act to amend Section 160-25 of the General
Statutes of North Carolina.
Referred to Committee on Judiciary No. 1.
By Representatives Ragsdale, Mohn, and Moore:
H. B. 311, a bill to be entitled an act to amend General Statutes 153-5 to
provide for staggered terms of office for the County Commissioners of Onslow
County.
Referred to Committee on Local Government.
By Representatives Reid and Rountree:
218 HOUSE JOURNAL [Session
H. B. 312, a bill to be entitled an act amending Chapter 146 of the Public
Local Laws of 1941 so as to provide that the members of the Utilities Com-
mission of the City of Greenville may fix their salaries, subject to designated
limits.
Referred to Committee on Local Government.
And,
H. B. 313, a bill to be entitled an act to add two new members to the Green-
ville City Board of Education and to provide that the City Council shall appoint
members to said Board of Education without any recommendation from such
Board of Education.
Referred to Committee on Education.
By Representatives Eagles:
H. B. 314, a bill to be entitled an act to amend General Statutes 147-69.1
relating to the investment of surplus funds of the State.
Referred to Committee on Banks and Banking.
By Representative Mills:
H. B. 315, a bill to be entitled an act to amend the State Highway Bond Act
of 1965, subject to a vote of the people of the State, to raise the maximum
interest rate from four per centum to five per centum per annum with respect
to State of North Carolina Highway Bonds.
Referred to Committee on Finance.
By Representatives Collins, Rose, Johnson of Duplin, Gentry, Boger, Tolbert
and Carter:
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
Referred to Committee on Wildlife Resources.
By Representative Rhyne:
H. B. 317, a bill to be entitled an act to provide that no municipality may in-
corporate or annex area within one mile of the corporate limits of an existing
municipality.
Referred to Committee on Local Government.
By Representatives Rountree, Barbee, Barker, Barr, Beam, Billings, Bo-
shamer, Bumgardner, Burrus, Campbell of Robeson, Campbell of Wilson,
Carter, Chase, Collins, Covington, Culpepper, DeBruhl, Elliott, Everett,
Falls, Gentry, Godwin of Craven, Godwin of Gates, Haynes, Jernigan, Johnson
of Duplin, Jones of Mecklenburg, Kincaid, Lilley, Love, Martin, Mauney,
McFaydyen, McMichael, Messer, Mills, Mohn, Moore, Quinn, Ragsdale,
Ramsey of Madison, Raynor, Reid, Roberson, Snead, Soles, Speed, Speros,
Strickland, Tart, Watkins, and Williamson:
1969] HOUSE JOURNAL 219
H. B. 318, a bill to be entitled an act rewriting General Statutes 116-44. 10(b)
relating to the purposes of regional Universities.
Referred to Committee on Higher Education.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 26, a bill to be entitled an act to establish the North Carolina Under-
writing Association so as to provide a method whereby adequate fire and ex-
tended coverage insurance may be obtained in the beach area of North Carolina.
Referred to Committee on Insurance.
S. B. 154, a bill to be entitled an act to amend Chapter 21 of the Session
Laws of 1961 relating to the rules and regulations for municipal elections of
the City of Gastonia.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 51, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the registers of deeds throughout North Carolina.
On motion of Representative Harkins consideration of the bill is postponed
until Thursday, March 13, 1969.
H. B. 135, a bill to be entitled an act to repeal General Statutes 15-162.1,
relating to a plea of guilty in first degree murder, first degree burglary, arson,
and rape.
Passes its third reading and is ordered sent to the Senate.
H. B. 234, a bill to be entitled an act to amend Articles 11, 13 and 14 of
Chapter 54 of the General Statutes relating to the powers, officers and super-
vision of credit unions.
On motion of Representative Messer the bill is temporarily displaced in
order to consider identical S. B. 156, entitled "a bill to be entitled an act to
amend Articles 11, 13 and 14 of Chapter 54 of the General Statutes relating to
the powers, officers and supervision of credit unions".
Representative Messer offers and amendment which is adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
On motion of Representative Messer consideration of H. B. 234, entitled
"a bill to be entitled an act to amend Articles 11, 13 and 14 of Chapter 54 of
the General Statutes relating to the powers, officers and supervision of credit
unions," is postponed indefinitely.
220 HOUSE JOURNAL [Session
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 180. An Act amending the Charter of the City of Winston-Salem.
H. B. 192. An Act amending General Statutes 153-9(35}£) and 153-9(35%)
relating to the authority of Boards of County Commissioners to expend non-
tax and tax revenues for soil and water conservation so as to make said Statutes
applicable to New Hanover County.
H. B. 194. An Act to amend Chapter 713 of the Session Laws of 1965, being
the Charter of the City of Charlotte in Mecklenburg County.
H. B. 196. An Act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Wilkes County.
On motion of Representative Godwin of Gates, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
FORTY-NINTH DAY
House of Representatives
Wednesday, March 12, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Howard Allen Chubbs, Pastor of the
Providence Baptist Church, Greensboro, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
An indefinite leave of absence is granted Representatives Ridenour and
Troxell due to illness.
On motion of Representative Godwin of Craven, the rules are suspended so
that a special guest may approach the dais. Major David Collins, a native of
Charlotte, North Carolina, just back from a second tour of duty in Vietnam,
is escorted by Representative Beatty to the well of the House and there makes
a few remarks.
report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
1969] HOUSE JOURNAL 221
H. B. 264, a bill to be entitled an act to authorize a referendum in the Town
of Aberdeen on alcoholic beverage control stores and the sale of beer and wine.
With a favorable report.
S. B. 142, a bill to be entitled an act to amend Chapter 982 of the Session
Laws of 1963; to repeal Section 2 of Chapter 1062 of the Session Laws of 1967,
and to allocate the profits earned by the Hamlet Board of Alcoholic Control.
With a favorable report.
S. B. 155, a bill to be entitled an act to authorize the qualified voters of the
Town of Bessemer City to determine whether wine and beer may be legally
sold and Alcoholic Beverage Control stores operated in the Town of Bessemer
City.
With a favorable report.
By Representative Tart, for the Committee on Education:
H. B. 239, a bill to be entitled an act to make certain appropriations to the
State Board of Education for the purpose of adding to the Richmond Technical
Institute a two-year curriculum of transferable college courses in Liberal Arts
and Sciences.
With a favorable report.
On motion of Representative Tart the bill is re-referred to Committee on
Appropriations.
H. B. 266, a bill to be entitled an act to authorize the Vance County Board
of Education to convey certain surplus school property to the County of Vance.
With a favorable report.
H. B. 287, a bill to be entitled an act to eliminate the requirement that not
more than two members of the Orange County Board of Education may reside
in any one Township of the County.
With a favorable report.
By Representative Leatherman, for the Committee on Higher Education:
H. B. 188, a bill to be entitled an act to amend North Carolina General
Statute 116-45(5) definding the primary purpose of Elizabeth City State
College, Fayetteville State College and Winston-Salem State College.
With a favorable report.
H. B. 193, a bill to be entitled an act to amend North Carolina General
Statute 116-45(2) defining the primary purpose of Pembroke State College.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
222 HOUSE JOURNAL [Session
By Representative Collins:
H. B. 319, a bill to be entitled an act to amend General Statutes 89-14 re-
lating to land surveyors so as to amend said Act as it pertains to Alleghany
County.
Referred to Committee on Judiciary No. 2.
By Representatives Messer. Ramsey of Madison, Harkins, DeBruhl, Beam,
Stevens, Collins, Jones of Rutherford, Mauney, Falls, Gentry, Taylor of Tran-
sylvania, Mayfield and Bradley:
H. B. 320, a bill to be entitled an act appropriating funds to the Department
of Agriculture for the erection and operation of a regional diagnostic laboratory
for western North Carolina.
Referred to Committee on Appropriations.
By Representative Rountree:
H. B. 321, a bill to be entitled and act to revise and clarify the law relating
to riots and civil disorders.
Referred to Committee on Judiciary No. 1.
By Representatives Blake, Garner, Love and Penny of Harnett:
H. B. 322, a bill to be entitled an act to amend General Statutes 20-116(g)
to adequately protect the traveling public against crushed stone or gravel
escaping from property hauling vehicles.
Referred to Committee on Roads.
By Representative Fulton:
H. B. 323, a bill to be entitled an act to exempt nonprofit, nonstock member-
ship water corporations from ad valorem taxation in Burke County.
Referred to Committee on Finance.
By Representatives Burrus and Roberson:
H. B. 324, a bill to be entitled an act to enlarge the membership of the County
Board of Education of Tyrell County from three members to five members.
Referred to Committee on Education.
And,
H. B. 325, a bill to be entitled an act prohibiting the hunting of game animals
with dogs between March 1 and October 15 in Beaufort County.
Referred to Committee on Wildlife Resources.
And,
H. B. 326, a bill to be entitled an act to extend the territorial jurisdiction of
the Police Department of the Town of Manteo in Dare County.
Referred to Committee on Local Government.
1969] HOUSE JOURNAL 223
By Representative Frye:
H. B. 327, a bill to be entitled an act to amend Article VI of the North Carolina
Constitution relating to the qualification of individuals to register and vote in
elections in North Carolina.
Referred to Committee on Constitutional Amendments.
By Representative Leatherman:
H. B. 328, a bill to be entitled an act enabling each of the counties of the
State to hold a special election for the purpose of considering whether a county
shall or shall not impose and levy a sales and use tax of one per cent (1%)
upon certain taxable transactions.
Referred to Committee on Finance.
By Representative McFadyen:
H. B. 329, a bill to be entitled an act to provide for the election of the Hoke
County Board of Education.
Referred to Committee on Education.
By Representatives Fenner, Eagles and Barbee:
H. B. 330, a bill to be entitled an act to amend General Statutes 20-183.8 to
allow thirty day grace period for expired auto inspection certificates and to
authorize one-way trip permits to allow uninspected vehicles to travel to nearby
inspection stations.
Referred to Committee on Highway Safety.
By Representatives Johnson of Wake, Falls, Fenner, Harkins and Jernigan:
H. B. 331, a bill to be entitled an act to amend the Constitution of North
Carolina to revise Article V concerning State and local finance.
Referred to Committee on Constitutional Amendments.
By Representatives Elliott, Lilley and Godwin of Craven:
H. B. 332, a bill to be entitled an act to amend Article 5, Chapter 105 of
the General Statutes of North Carolina to provide for the levy of a statewide
uniform one per cent (1%) surtax upon the sales, use and other taxable trans-
actions subject to the sales and use tax levied for state purposes and to allocate
the proceeds of said surtax for the counties and municipalities of North Carolina.
Referred to Committee on Finance.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 190, a bill to be entitled an act to amend Chapter 716, Session Laws
of 1947, relating to the nomination and election of the members of the Concord
City Board of Education.
224 HOUSE JOURNAL [Session
On motion of Representative Johnson of Cabarrus, the rules are suspended
and the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.
Returned for concurrence.
On motion of Representative Johnson of Duplin, the House concurs in the
Senate amendment and the bill is ordered enrolled.
S. B. 44, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the Registers of Deeds throughout North Carolina.
Referred to Committee on Local Government.
S. B. 129, a bill to be entitled an act to amend General Statutes 114-19 re-
lating to taking photographs of persons charged with criminal offenses.
Referred to Committee on Judiciary No. 1.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 265, a bill to be entitled an act relating to the Alamance County Law
Library.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 134, a bill to be entitled an act to amend General Statutes 14-132.1
so as to increase the maximum punishment for demonstrations or assemblies
of persons kneeling or lying down in public buildings.
On motion of Representative Godwin of Gates, the Committee amendment
is adopted.
Passes its second reading as amended.
Representative Frye objects to the third reading and the bill remains on
the Calendar.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer, consideration of the bill is postponed
until Friday, March 14, 1969.
S. B. 48, a bill to be entitled an act to make it a felony for a person to remove
a child from this State when a court has awarded custody to another person.
Passes its second reading.
Representative Ramsey of Person objects to the third reading and the bill
remains on the Calendar.
1969] HOUSE JOURNAL 225
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
On motion of Representative Speed, consideration of the bill is postponed
until Wednesday, March 19, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. B. 90. An Act to amend Chapter 989, Session Laws of 1967, to clarify
election procedures in annexed areas.
H. B. 75. An Act to amend General Statutes 20-114.1 making unlawful
the act of disobeying the directions of an officer directing traffic.
H. B. 85. An Act to amend the Charter of the Town of Belhaven, Chapter
246 of the Private Laws of 1907, to establish the position of Town Manager.
H. B. 150. An Act to increase the compensation of the County Commissioners
of Wilson County.
H. B. 177. An Act to amend Chapter 148 of the Session Laws of 1963 and
Chapter 152 of the Session Laws of 1967 relating to the Charter of the Town
of Nags Head and to amend said Charter relating to the election of the members
of the governing body of said Town.
H. B. 101. An Act creating the Charlotte-Mecklenburg Charter Commission
and providing for an election upon the consolidation of the governments of the
municipalities within, and the County of, Mecklenburg.
H. B. 146. An Act authorizing the Warren County Alcoholic Beverage
Control Board to sell wines having alcoholic content of less than 14%.
On motion of Representive Eagles, duly seconded, the House adjourns to
meet tomorrow at 12 o'clock Noon.
FIFTIETH DAY
House of Representatives
Thursday, March 13, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Boshamer for today and to-
morrow.
226 HOUSE JOURNAL [Session
A leave of absence is granted Representatives Beatty, Hofier, Bumgardner,
McFadyen, and Penton for tomorrow.
On motion of Representatives Jernigan and Martin, the courtesies of the
floor are extended the Honorable J. N. Vann, a former member of the House;
also to Judge A. Pilston Godwin, a former member of the Senate.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Speed, for the Committee on Agriculture:
H. B. 203, a bill to be entitled an act to appropriate funds for the North
Carolina Blueberry Festival in Bladen County.
With a favorable report.
On motion of Representative Speed, the bill is recommitted to Committee
on Appropriations.
H. B. 272, a bill to be entitled an act rewriting General Statutes 106-564.3
relating to assessments on cattle so as to provide for assessments on all cattle
sold.
With a favorable report.
On motion of Representative Speed, the bill is recommitted to Committee
on Finance.
By Representatives Godwin of Gates, for the Committee on Judiciary No. 1 :
H. B. 66, a bill to be entitled an act to set forth the offense of assult with a
deadly weapon upon a law enforcement officer or fireman and provide for
punishment for violation thereof.
With a favorable report.
H. B. 310, a bill to be entitled an act to amend Section 160-25 of the General
Statutes of North Carolina.
With a favorable report.
S. B. 131, a bill to be entitled an act to validate the acts of certain notaries
where the notary seal incorrectly contained the name of another state.
With a favorable report.
By Representative Hofier, for the Committee on Judiciary No. 2:
S. B. 103, a bill to be entitled an act permitting citizens of this State to pur-
chase rifles and shotguns in contiguous states and defining antique firearms.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
1969] HOUSE JOURNAL 227
H. B. 63, a bill to be entitled an act to amend Chapter 199, Session Laws of
1965, to allocate the profits earned by the City of Rockingham Board of Alco-
holic Control and to provide for the appointment of members to the Board.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
H. B. 30, a bill to be entitled an act to amend Chapter 105 of the General
Statutes, relating to income tax, so as to exclude from gross income certain
local law enforcement officers' retirement benefits.
With a favorable report, as amended.
On motion of Representative Ramsey of Madison, the bill is recommitted to
Committee on Finance.
H. B. 176, a bill to be entitled an act to repeal Chapter 1113 of the 1967
Session Laws providing for the non-partisan election of the Henderson County
Board of Education and the extension of the terms of office of the members of
the Henderson County Board of Education so as to provide for the non-partisan
election of the entire membership of the Henderson County Board of Education
at the 1970 regular general County election.
With a favorable report.
H. B. 200, a bill to be entitled an act amending the charter of the Town of
Littleton to remove limitation on value of estate and property.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
H. B. 206, a bill to be entitled an act to revise and consolidate the Charter
of the City of Wilson and to repeal prior Charter Acts.
With a favorable report, as amended.
H. B. 229, a bill to be entitled an act repealing Chapter 602 of the Session
Laws of 1963 limiting the amount of school bonds which might be authorized
for the County of Cabarrus and fixing such limitation for said County within
the provisions of the County Finance Act.
With a favorable report.
H. B. 260, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of Commissioners of Cleveland County to prescribe re-
gulations relating to the listing of property for taxation in that County, and to
authorize the division or combining of Townships for tax listing purposes.
With a favorable report.
228 HOUSE JOURNAL [Session
H. B. 261, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the same
applicable to Jones County.
With a favorable report.
H. B. 269, a bill to be entitled an act relating to the election of the Board of
County Commissioners of Currituck County.
With a favorable report.
H. B. 270, a bill to be entitled an act to fix the compensation of the chairman
and members of the Board of County Commissioners of Currituck County.
With a favorable report.
H. B. 274, a bill to be entitled an act to authorize the governing body of the
Town of Maxton, North Carolina, to appoint a city manager and to prescribe
his powers and duties.
With a favorable report.
H. B. 283, a bill to be entitled an act to amend the Act relating to the authority
of the Charlotte Firemen's Retirement System to invest in stock.
With a favorable report.
H. B. 284, a bill to be entitled an act to amend the Charter of the City of
Charlotte.
With a favorable report.
S. B. 36, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Robeson County to regulate
garbage disposal.
With a favorable report.
S. B. 44, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the Registers of Deeds throughout North Carolina.
With a favorable report.
On motion of Representative Ramsey of Madison, the rules are suspended
and the bill is placed on the Calendar for today.
S. B. 118, a bill to be entitled an act to provide for filling vacancies on the
Board of County Commissioners of Person County.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Britt:
1969] HOUSE JOURNAL 229
H. B. 333, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Johnston County.
Referred to Committee on Local Government.
By Representatives Carson and Horton:
H. B. 334, a bill to be entitled an act to amend Chapter 7, Section 41, of the
General Statutes of North Carolina to permit the election of Superior Court
Judges by the voters of their respective districts.
Referred to Committee on Courts and Judicial Districts.
By Representatives Coble, Payne, Phillips, Short and Frye:
H. B 335, a bill to be entitled an act to amend the Charter of the City of
Greensboro, the same being Chapter 37, Private Laws of 1923, as amended,
and particularly as revised and reorganized by Chapter 1137, Session Laws of
1959, as amended.
Referred to Committee on Judiciary No. 1.
By Representatives Messer, Phillips and Paschall:
H. B. 336, a bill to be entitled an act to reduce the allocation of funds made
by the State Board of Education and/or the State Superintendent of Public
Instruction to city administrative units for objects of general control as provided
in the State budget.
Referred to Committee on Education.
By Representatives Tolbert, Boger, Hege, McDaniel, Whitley and Jemison:
H. B. 337, a bill to be entitled an act to exempt persons over 65 years of age
from the requirement of purchasing hunting licenses.
Referred to Committee on Wildlife Resources.
By Representatives Tolbert and Boger:
H. B. 338, a bill to be entitled an act amending Chapter 775 of the Session
Laws of 1965 to eliminate the residency requirement for police and fire depart-
ment employees.
Referred to Committee on Judiciary No. 1.
By Representative Lilley:
H. B. 339, a bill to be entitled an act to regulate and fix the salaries of the
Sheriff and Register of Deeds of Lenoir County.
Referred to Committee on Local Government.
By Representatives Warlick and Beard:
H. B. 340, a bill to be entitled an act amending General Statutes 14-111.2
relating to obtaining ambulance services without intending to pay therefor,
so as to make the same applicable to Catawba County.
230 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 1.
And,
H. B. 341, a bill to be entitled an act amending General Statutes 14-111.3
relating to making false ambulance requests, so as to make the same applicable
to Catawba County.
Referred to Committee on Judiciary No. 1.
By Representative Jones of Rutherford:
H. J. R. 342, a joint resolution relative to a correction in Resolution 1 of the
1969 General Assembly.
On motion of Representative Jones of Rutherford, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
And,
H. B. 343, a bill to be entitled an act to direct the Board of County Com-
missioners of Rutherford County to invest the care, custody and control of the
County Jail in the Sheriff of the County.
Referred to Committee on Local Government.
And,
H. B. 344, a bill to be entitled an act to direct the Board of County Com-
missioners of Polk County to invest the care, custody and control of the County
Jail in the Sheriff of the County.
Referred to Committee on Local Government.
By Representatives Harkins, Stevens and DeBruhl:
H. B. 345, a bill to be entitled an act to establish district courts in the twenty-
eighth judicial district.
Referred to Committee on Courts and Judicial Districts.
By Representative McMichael:
H. B. 346, a bill to be entitled an act to amend General Statutes 153-10.1,
relating to removal and disposal of trash, garbage, etc., so as to make said
Section applicable to Rockingham County.
Referred to Committee on Local Government.
By Representative Jernigan:
H. B. 347, a bill to be entitled an act amending Article IB of Chapter 113
of the General Statutes relating to State aid to airports so as to provide that
the State may participate in up to fifty per cent of the costs of certain projects.
1969] HOUSE JOURNAL 231
Referred to Committee on Conservation and Development.
By Representatives Martin and Paschall:
H. B. 348, a bill to be entitled an act to amend Chapter 20 of the General
Statutes by placing therein a new definition of resident.
Referred to Committee on Highway Safety.
By Representative Martin:
H. B. 349, a bill to be entitled an act appropriating funds for the repair and
restoration of Historic Hope.
Referred to Committee on Appropriations.
By Representative Payne:
H. J. R. 350, a joint resolution honoring the North Carolina Distributive
Education Clubs of America.
On motion of Representative Payne, the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Harris and Euliss:
H. B. 351, a bill to be entitled an act to amend Chapter 324 of the Session
Laws of North Carolina, 1961, being the Charter of the Town of Elon College
relating to the adoption of ordinances and resolutions.
Referred to Committee on Local Government.
By Representatives Twiggs, Speros, Moore, and Jones of Rutherford:
H. B. 352, a bill to be entitled an act to amend Chapter 93A of the General
Statutes relating to real estate brokers and salesmen.
Referred to Committee on Judiciary No. 2.
By Representatives Bryan and Strickland:
H. B. 353, a bill to be entitled an act to amend Article 5, Chapter 105 of the
General Statutes of North Carolina to provide for the levy of a statewide uni-
form one per cent (1 %) surtax upon the sales, use and other taxable transactions
subject to the sales and use tax levied for State purposes and to allocate the
proceeds of said surtax, one-half to the General Fund and one-half to the
Counties and Municipalities of North Carolina.
Referred to Committee on Finance.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
232 HOUSE JOURNAL [Session
S. B. 77, a bill to be entitled an act to amend the laws relating to Mechanics'
and Materialmen's Liens.
Referred to Committee on Judiciary No. 2.
S. B. 143, a bill to be entitled an act to amend General Statutes 84-33 relating
to the annual and special meetings of the North Carolina State Bar.
Referred to Committee on Judiciary No. 1.
S. B. 167, a bill to be entitled an act rewriting General Statutes 106-564.3
relating to assessments on cattle so as to provide for assessments on all cattle
sold.
Referred to Committee on Finance.
H. B. 121, a bill to be entitled an act to amend the regulations pertaining to
the sale of firearms.
Returned for concurrence.
On motion of Representative Carson, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
S. B. 182, a bill to be entitled an act to validate the publication of notice of
a special bond election to be held in the City of Sanford even though the dates
between the first and last publication of such notice is less than thirty days.
On motion of Representative Love, the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 264, a bill to be entitled an act to authorize a referendum in the Town
of Aberdeen on Alcoholic Beverage Control stores and sale of beer and wine.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 266, a bill to be entitled an act to authorize the Vance County Board
of Education to convey certain surplus property to the County of Vance.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 287, a bill to be entitled an act to eliminate the requirement that not
more than two members of the Orange County Board of Education may reside
in any one Township of the County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 142, a bill to be entitled an act to amend Chapter 982 of the Session Laws
of 1963; to repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to
allocate the profits earned by the Hamlet Board of Alcoholic Control.
Passes its second and third readings and is ordered enrolled.
1969] HOUSE JOURNAL 233
S. B. 155, a bill to be entitled an act to authorize the qualified voters of the
Town of Bessemer City to determine whether wine and beer may be legally
sold and Alcoholic Beverage Control stores operated in the Town of Bessemer
City.
Passes its second and third readings and is ordered enrolled.
Representative Rhyne requests and is granted permission to be recorded as
voting "noe" on the bill.
H. B. 51, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the registers of deeds throughout North Carolina.
On motion of Representative Harkins, the bill is temporarily displaced in
order to consider identical S. B. 44.
S. B. 44, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the Registers of Deeds throughout North Carolina.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Church,
Clark, Collins, Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett,
Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven, Godwin of
Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Jemison,
Jernigan, Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of
Mecklenburg, Kincaid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield,
McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson, Mc-
Millan of Wake, Messer, Mills, Mitchell, Moore, Paschall, Penny of Durham,
Penny of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison,
Ramsey of Person, Raynor, Reid, Rhyne, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strick-
land, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert, Twiggs, Vogler,
Warlick, Watkins, Whitley, Williamson and Wills — 110.
Those voting in the negative are: Representatives Coble and Payne — 2.
Representative Jones of Rutherford votes "present".
H. B. 134, a bill to be entitled an act to amend General Statutes 14-132.1 so
as to increase the maximum punishment for demonstrations or assemblies of
persons kneeling or lying down in public buildings.
Passes its third reading as amended and is ordered engrossed and sent to
the Senate.
S. B. 48, a bill to be entitled an act to make it a felony for a person to remove
a child from this State when a court has awarded custody to another person.
Representative Ramsey of Person offers an amendment which is adopted.
Passes its third reading as amended and is ordered sent to the Senate for
concurrence in House amendment.
234 HOUSE JOURNAL [Session
H. B. 188, a bill to be entitled an act to amend North Carolina General Stat-
utes 116-45(5) defining the primary purpose of Elizabeth City State College,
Fayetteville State College, and Winston-Salem State College.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 193, a bill to be entitled an act to amend North Carolina General
Statutes 116-45(2) denning the primary purpose of Pembroke State College.
Passes its second and third readings and is ordered sent to the Senate.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 298. A Joint Resolution endorsing the observance of "National
Arthritis Month" and designating the month of May as "Arthritis Month in
North Carolina".
H. J. R. 213. A Joint Resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.
S. B. 156. An Act to amend Articles 11, 13, and 14 of Chapter 54 of the
General Statutes relating to the powers, officers and supervision of credit unions.
H. B. 31. An Act relating to the receipt of unordered merchandise so as to
provide that the recipient thereof is not liable for the payment thereof.
S. B. 190. An Act to amend Chapter 716, Session Laws of 1947, relating to
the nomination and election of the members of the Concord City Board of
Education.
On motion of Representative Quinn, duly seconded, the House adjourns
to meet tomorrow at 10 o'clock A. M.
FIFTY-FIRST DAY
House of Representatives
Friday, March 14, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
A leave of absence is granted Representatives Boger, Hofler, Horton and
Ragsdale for today.
A leave of absence is granted Representatives Frye for Monday, March 17,
1969, and Tuesday, March 18, 1969.
1969] HOUSE JOURNAL 235
REPORT OP COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison the substitute bill is
adopted.
H. B. 52, a bill to be entitled an act to allow the governing bodies of the
several cities and towns of the State to fix their own compensation.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison the substitute bill is
adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of
as follows:
By Representatives Tart, Beatty, Auman, and Mohn:
H. B. 354, a bill to be entitled an act to appropriate certain funds to the
State Board of Education for the student loan fund for the fiscal year com-
mencing July 1, 1970, and ending June 30, 1971.
Referred to Committee on Appropriations.
By Representatives Hege and Snyder:
H. B. 355, a bill to be entitled an act to amend Chapter 26 of the Private
Laws of 1935 affecting local schools in Davidson County.
Referred to Committee on Local Government.
By Representative Eagles:
H. B. 356, a bill to be entitled an act to amend the State Banking Laws.
Referred to Committee on Banks and Banking.
By Representatives Soles and Williamson:
H. B. 357, a bill to be entitled an act amending General Statutes 14-107
relating to the issuance of worthless checks and the punishment therefor so
as to make certain provisions thereof relating to punishment effective in Bruns-
wick County.
236 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 1.
By Representatives Martin and Ramsey of Person:
H. B. 358, a bill to be entitled an act enabling each of the counties of the
State to hold a special election for the purpose of considering whether a county
shall or shall not impose and levy a sales and use tax of one per cent (1%)
upon certain taxable transactions.
Referred to Committee on Finance.
By Representatives Fenner, Eagles, Barbee, Chase, Johnson of Wake,
Jernigan, Martin, Speed, McMillan of Robeson, Johnson of Duplin, Godwin
of Gates, Church, Paschall, McMillan of Wake, and Williamson:
H. B. 359, a bill to be entitled an act to amend Article 1 of Chapter 115A
of the General Statutes for the purpose of describing in some particularity the
purposes of community colleges.
Referred to Committee on Higher Education.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 120, a bill to be entitled an act to amend the Federal Tax Lien Reg-
istration Act to comply with the Federal Tax Lien Act of 1966.
Referred to Committee on Judiciary No. 1.
S. B. 177, a bill to be entitled an act amending General Statutes 153-9 (35 ^
and 153-9 (35^) relating to the authority of Boards of County Commissioners
to expend nontax and tax revenues for soil and water conservation so as to
make said Statutes applicable to Caldwell County.
Referred to Committee on Local Government.
S. B. 184, a bill to be entitled an act to amend Article 21, Chapter 143 of the
General Statutes to clarify the authority of local air pollution control programs.
Referred to Committee on Water and Air Resources.
S. B. 183, a bill to be entitled an act to amend Sections 105-306 (26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Iredell County to prescribe
regulations relating to the listing of property for taxation in Iredell County,
and to authorize the division, or combining of townships for tax listing purposes.
Referred to Committee on Local Government.
S. J. R. 227, a joint resolution honoring Dr. John Caldwell.
Referred to Committee on Rules.
H. B. 241, a bill to be entitled an act to require skin divers to display a warn-
ing flag as approved by the Underwater Society of America.
Returned for concurrence and placed on the Calendar.
1969] HOUSE JOURNAL 237
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 206, a bill to be entitled an act to revise and consolidate the Charter
of the City of Wilson and to repeal prior Charter Acts.
On motion of Representative Ramsey of Madison the Committee amend-
ment is adopted.
Representative Paschall offers an amendment which is adopted.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Bostian, Bradley,
Britt, Bryan, Burrus, Campbell of Mecklenburg, Campbell of Robeson, Camp-
bell of Wilson, Carter, Chase, Church, Clark, Coble, Collins, Covington, Cul-
pepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Harkins, Harris,
Haynes, Hege, Hicks, Jemison, Jernigan, Johnson of Cabarrus, Johnson of
Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Kin-
caid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, Mc-
Knight, McMichael, McMillan of Robeson, McMillan of Wake, Messer, Mills,
Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett,
Phillips, Quinn, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne,
Roberson, Rose, Rountree, Short, Snead, Snyder, Soles, Speed, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and Wills —
104.
Those voting in the negative are: None.
H. B. 229, a bill to be entitled an act repealing Chapter 602 of the Session
Laws of 1963 limiting the amount of school bonds which might be authorized
for the County of Cabarrus and fixing such limitation for said County within
the provisions of the County Finance Act.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives: Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Bostian, Bradley,
Britt, Bryan, Burrus, Campbell of Mecklenburg, Campbell of Robeson, Camp-
bell of Wilson, Carter, Chase, Church, Clark, Coble, Collins, Covington, Cul-
pepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Harkins, Harris,
Haynes, Hege, Hicks, Jemison, Jernigan, Johnson of Cabarrus, Johnson of
Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Kin-
caid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, Mc-
Knight, McMichael, McMillan of Robeson, McMillan of Wake, Messer, Mills,
Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett,
Phillips, Quinn, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne,
Roberson, Rose, Rountree, Short, Snead, Snyder, Soles, Speed, Speros, Stan-
ford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of
Wake, Tolbert, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and
Wills — 104.
238 HOUSE JOURNAL [Session
Those voting in the negative are: None.
H. B. 63, a bill to be entitled an act to amend Chapter 199, Session Laws of
1965, to allocate the profits earned by the City of Rockingham Board of Alco-
holic Control and to provide for the appointment of members to the Board.
Representative Covington offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 176, a bill to be entitled an act to repeal Chapter 1113 of the 1967
Session Laws providing for the non-partisan election of the Henderson County
Board of Education and the extension of the terms of office of the members of
the Henderson County Board of Education so as to provide for the non-partisan
election of the entire membership of the Henderson County Board of Education
at the 1970 regular general county election.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 200, a bill to be entitled an act amending the Charter of the Town of
Littleton to remove limitation on value of estate and property.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 220, a bill to be entitled an act to establish the hunting season for bear,
deer, and squirrel in the counties of Duplin, Onslow and Pender.
On motion of Representative Johnson of Duplin the Committee amendments
are adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 260, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of Commissioners of Cleveland County to prescribe regu-
lations relating to the listing of property for taxation in that County, and to
authorize the division or combining of townships for tax listing purposes.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 261, a bill to be entitled an act amending Chapter 1073 of the Session
Laws of 1959, relating to the issuance of pistol permits, so as to make the same
applicable to Jones County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 269, a bill to be entitled an act relating to the election of the Board of
County Commissioners of Currituck County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 270, a bill to be entitled an act to fix the compensation of the chairman
and members of the Board of County Commissioners of Currituck County.
Passes its second and third readings and is ordered sent to the Senate.
1969] HOUSE JOURNAL 239
H. B. 274, a bill to be entitled an act to authorize the governing body of the
Town of Maxton, North Carolina, to appoint a City Manager and to prescribe
his powers and duties.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 283, a bill to be entitled an act to amend the Act relating to the au-
thority of the Charlotte Firemen's Retirement System to invest in stock.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 284, a bill to be entitled an act to amend the Charter of the City of
Charlotte.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 36, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Robeson County to regulate
garbage disposal.
Passes its second and third readings and is ordered enrolled.
S. B. 118, a bill to be entitled an act to provide for filling vacancies on the
Board of County Commissioners of Person County.
Passes its second and third readings and is ordered enrolled.
S. B. 44, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the Registers of Deeds throughout North Carolina.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Beam, Beard, Billings, Blake, Bradley, Britt, Bryan, Burrus,
Campbell of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carter,
Chase, Church, Clark, Collins, Covington, Culpepper, DeBruhl, Eagles,
Elliott, Euliss, Everett, Falls, Fenner, Frye, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Harkins, Harris, Haynes, Hege, Hicks, Jemison,
Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Leather-
man, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, McKnight, Mc-
Millan of Robeson, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore,
Paschall, Penny, of Durham, Penny of Harnett, Phillips, Quinn, Ramsey of
Madison, Ramsey of Person, Raynor, Reid, Rhyne, Roberson, Rose, Rountree,
Short, Snead, Snyder, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strick-
land, Tart, Taylor of Wake, Tolbert, Twiggs, Vogler, Warlick, Watkins, William-
son, and Wills — 92.
Those voting in the negative are: Representatives Coble, Fulton, Kincaid,
and Taylor of Transylvania — 4.
The following pair is announced: Representative Payne votes "noe"; were
Representative Royall present he would vote "aye".
H. B. 51, a bill to be entitled an act to fix a uniform schedule of fees to be
charged by the registers of deeds throughout North Carolina.
On motion of Representative Harkins the bill is postponed indefinitely.
240 HOUSE JOURNAL [Session
H. B. 66, a bill to be entitled an act to set forth the offense of assault with a
deadly weapon upon a law enforcement officer or fireman and provide for punish-
ment for violation thereof.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Tuesday, March 18, 1969.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer consideration of the bill is postponed
until Monday, March 17, 1969.
H. B. 310, a bill to be entitled an act to amend Section 160-25 of the General
Statutes of North Carolina.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 103, a bill to be entitled an act permitting citizens of the State to pur-
chase rifles and shotguns in contiguous states and denning antique firearms.
On motion of Representative Britt consideration of the bill is postponed until
Tuesday, March 18, 1969.
S. B. 131, a bill to be entitled an act to validate the acts of certain notaries
where the notary seal incorrectly contained the name of another state.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 109. An Act to incorporate the Village of Whispering Pines in Moore
County.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10:00 o'clock A. M.
FIFTY-SECOND DAY
House of Representatives
Saturday, March 15, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Taylor of Wake, designated by Mr. Speaker Vaughn as Speaker Pro
Tempore.
Prayer is offered by Mrs. H. W. Taylor, wife of Representative Taylor of
Wake.
Representative McMillan of Wake, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Johnson of Wake, duly seconded, the House
adjourns to meet Monday night at 8 o'clock.
1969] HOUSE JOURNAL 241
FIFTY-THIRD DAY
House of Representatives
Monday night, March 17, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Elliott and Snyder for tonight.
A leave of absence is granted Representative Lilley for Tuesday.
A leave of absence is granted Representative Mills for tonight and Tuesday
due to a death in his family.
On motion of Representative Beam, the courtesies of the floor are extended
to the Honorable Paul J. Story, a former member of the House from McDowell
County.
The Chair recognizes Judge David Britt, former Speaker of the House, who
comes to the dais and makes a few remarks.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on the
Calendar, as follows:
By Representative Gregory, for the Committee on Finance:
H. B. 30, a bill to be entitled an act to amend Chapter 105 of the General
Statutes, relating to income tax, so as to exclude from gross income certain local
law enforcement officers' retirement benefits.
With a favorable report.
S. B. 40, a bill to be entitled an act to exempt the North Carolina Symphony
Society, Incorporated, from certain privilege license taxes.
With a favorable report.
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said Act.
With a favorable report.
S. B. 117, a bill to be entitled an act authorizing Person County to levy
special purpose taxes for certain purposes.
With a favorable report.
242 HOUSE JOURNAL [Session
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Jones of Rutherford, Church and Fenner:
H. J. R. 360, a joint resolution congratulating the basketball team of the
University of North Carolina.
On motion of Representative Jones of Rutherford, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representative Taylor of Transylvania:
H. J. R. 361, a joint resolution to encourage the Secretary of the Interior to
select the most feasible and advantageous route for the construction of a road
between Bryson City, North Carolina, and Fontana Dam, North Carolina, to
fulfill the 1943 contract and that construction on said road begin as soon as
possible.
Referred to Committee on Roads.
Representative Taylor of Transylvania moves the rules be suspended and
the bill placed on its immediate passage.
This motion fails of adoption.
By Representative Leatherman:
H. B. 362, a bill to be entitled an act to amend the Charter of Lincolnton to
increase the salary of the Mayor and Aldermen and to designate Lincolnton as
the "City of Lincolnton".
Referred to Committee on Local Government.
And,
H. B. 363, a bill to be entitled an act to extend the time for incorporation of
a municipal corporation in Lincoln County.
Referred to Committee on Local Government.
By Representative Strickland:
H. B. 364, a bill to be entitled an act to provide credit toward the satisfaction
of the sentence when the defendant is unable to secure his release on bail pending
appeal.
Referred to Committee on Judiciary No. 2.
By Representatives Fenner, Eagles and Barbee:
1969] HOUSE JOURNAL 243
H. B. 365, a bill to be entitled an act to authorize the Board of County Com-
missioners of Nash County to compensate Mrs. Joe Powell for injuries re-
ceived while in the service of Nash County.
Referred to Committee on Local Government.
By Representatives Godwin of Craven and Barker:
H. B. 366, a bill to be entitled an act amending the Charter of the City of
New Bern in Craven County.
Referred to Committee on Local Government.
By Representatives Speed, Lilley, McMillan of Wake, Church, and Johnson
of Duplin:
H. B. 367, a bill to be entitled an act to permit deduction of contributions to
emergency rescue organizations for income tax purposes.
Referred to Committee on Finance.
By Representative Penny of Harnett:
H. B. 368, a bill to be entitled an act to amend Chapter 362 of the Private
Laws of 1905 relating to the election of the Mayor and Commissioners of the
Town of Coats in Harnett County.
Referred to Committee on Local Government.
By Representative Johnson of Wake:
H. B. 369, a bill to be entitled an act relating to the sale or distribution of
harmful materials to minors.
Referred to Committee on Judiciary No. 2.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 112, a bill to be entitled an act to provide for the creation of a tenancy
by the entirety in the division of land.
Referred to Committee on Judiciary No. 1.
S. B. 130, a bill to be entitled an act to provide for expansion of services of
the North Carolina Capital Building Authority.
Referred to Committee on State Government.
S. B. 170, a bill to be entitled an act to authorize a referendum in the Towns
of Biscoe and Mount Gilead on alcoholic beverage control stores.
Referred to Committee on Alcoholic Beverage Control.
S. J. R. 198, a joint resolution urging the vocation guidance, recruitment and
encouragement of students to enter premedical and medical education.
Referred to Committee on Health.
244 HOUSE JOURNAL [Session
S. J. R. 199, a joint resolution urging the three medical schools in the State
to increase their output of physicians.
Referred to Committee on Health.
S. J. R. 200, a joint resolution urging the strengthening of science and other
facets of premedical education.
Referred to Committee on Health.
H. B. 175, a bill to be entitled an act to provide that the issuance of bonds
after a bond order takes effect shall be extended by the period of time within
which such bonds could not be issued because of litigation.
Returned for concurrence and placed on the Calendar.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 206, a bill to be entitled an act to revise and consolidate the Charter
of the City of Wilson and to repeal prior Charter Acts.
Passes its third reading, as amended, by the following vote and is ordered
engrossed and sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Church,
Clark, Coble, Covington, Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls,
Fenner, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Ruther-
ford, Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, Mc-
Fadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny
of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Roberson, Rose, Rountree, Royall, Short,
Snead, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler,
Warlick, Watkins, Williamson and Wills — -108.
Those voting in the negative are: None.
H. B. 229, a bill to be entitled an act repealing Chapter 602 of the Session
Laws of 1963 limiting the amount of school bonds which might be authorized
for the County of Cabarrus and fixing such limitation for said County within
the provisions of the County Finance Act.
Passes its third reading by the following vote and is ordered sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Church,
1969] HOUSE JOURNAL 245
Clark, Coble, Covington, Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls,
Fenner, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Ruther-
ford, Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, Mc-
Fadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny
of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Roberson, Rose, Rountree, Royall, Short,
Snead, Soles, Speed, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler,
Warlick, Watkins, Williamson and Wills — 108.
Those voting in the negative are: None.
H. B. 241, a bill to be entitled an act to require skin divers to display a warning
flag as approved by the Underwater Society of America.
House concurs in Senate amendment and the bill is ordered enrolled.
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
On motion of Representative Harkins, consideration of the bill is postponed
until Wednesday, March 19, 1969.
H. B. 52, a bill to be entitled an act to allow the governing bodies of the several
cities and towns of the State to fix their own compensation.
On motion of Representative Harkins, consideration of the bill is postponed
until Wednesday, March 19, 1969.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer, consideration of the bill is postponed
until Friday, March 21, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. B. 36. An Act to amend General Statutes 153-10.1 to authorize the Board
of County Commissioners of Robeson County to regulate garbage disposal.
S. B. 44. An Act to fix a uniform schedule of fees to be charged by the Reg-
isters of Deeds throughout North Carolina.
S. B. 48. An Act to make it a felony for a person to remove a child from this
State when a court has awarded custody to another person.
S. B. 118. An Act to provide for filling vacancies on the Board of County
Commissioners of Person County.
246 HOUSE JOURNAL [Session
S. B. 131. An Act to validate the acts of certain notaries where the Notary-
Seal incorrectly contained the name of another state.
H. B. 60. An Act to authorize and make uniform the procedure making a
gift of all or part of a human body after death for specified purposes.
H. B. 112. An Act to authorize the Cumberland County Alcoholic Beverage
Control Board to establish a retirement system.
H. B. 219. An Act to amend Chapter 48, Session Laws of 1963, as amended,
relating to alcoholic beverage control stores in the Town of Roseboro.
H. B. 242. An Act to exempt boats operated on private ponds from motor-
boat law.
H. J. R. 350. A Joint Resolution honoring the North Carolina Distributive
Education Clubs of America.
H. B. 121. An Act to amend the regulations pertaining to the sale of firearms.
H. B. 128. An Act to amend Chapter 666 of the Session Laws of 1967 tc
change the closing filing date from Saturday to Friday for candidates for the
Monroe City School Board of Education.
H. B. 240. An Act to regulate the use of firearms in field trials and in
training dogs.
S. B. 142. An Act to amend Chapter 982 of the Session Laws of 1963; to
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to allocate the
profits earned by the Hamlet Board of Alcoholic Control.
S. B. 155. An Act to authorize the qualified voters of the Town of Bessemer
City to determine whether wine and beer may be legally sold and Alcoholic
Beverage Control Stores operated in the Town of Bessemer City.
S. B. 182. An Act to validate the publication of notice of a special bond
election to be held in the City of Sanford even though the dates between the
first and last publication of such notice is less than thirty days.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
FIFTY-FOURTH DAY
House of Representatives
Tuesday, March 18, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Robert A. Cantwell, Pastor of the First
Baptist Church in Lincolnton, North Carolina.
1969] HOUSE JOURNAL 247
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Eagles for today.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorables
George P. Cossar, C. T. Douglas, Charles Allen, Kenneth O. Williams and
Aero English from the Mississippi State Legislature. They were accompanied
by Staff Member, David Ogle.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1 :
H. B. 335, a bill to be entitled an act to amend the Charter of the City of
Greensboro, the same being Chapter 37, Private Laws of 1923, as amended, and
particularly as revised and reorganized by Chapter 1137, Session Laws of 1959,
as amended.
With a favorable report.
H. B. 357, a bill to be entitled an act amending General Statutes 14-107
relating to the issuance of worthless checks and the punishment therefor so
as to make certain provisions thereof relating to punishment effective in Bruns-
wick County.
With a favorable report.
S. B. 143, a bill to be entitled an act to amend General Statutes 84-33 relating
to the annual and special meetings of the North Carolina State Bar.
With a favorable report.
By Representative Johnson of Duplin, for the Committee on Rules and
Operation of the House:
S. J. R. 227, a joint resolution honoring Dr. John Caldwell.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Taylor of Transylvania:
H. B. 370, a bill to be entitled an act to amend General Statutes 18-127.2
exempting the municipalities located in the counties of Jackson, Swain and
Transylvania from the provisions of said Section.
Referred to Committee on Local Government.
By Representatives Warlick and Beard:
248 HOUSE JOURNAL [Session
H. B. 371, a bill to be entitled an act to amend Section 153-40 of the General
Statutes of North Carolina relating to the office of Clerk to the Board of County
Commissioners so as to make all the provisions applicable to Catawba County.
Referred to Committee on Courts and Judicial Districts.
By Representative Leatherman:
H. B. 372, a bill to be entitled an act to allow petition by fifty per cent of the
property owners for street improvement in Lincolnton.
Referred to Committee on Local Government.
And,
H. B. 373, a bill to be entitled an act to extend the jurisdiction of the Lincoln-
ton Alcoholic Beverage Control Officer or officers to Lincoln County.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Soles, Speros, Snead and Raynor:
H. B. 374, a bill to be entitled an act to protect minor children who are in-
jured or damaged in certain motor vehicle accidents.
Referred to Committee on Judiciary No. 1.
By Representative Strickland:
H. B. 375, a bill to be entitled an act to authorize the temporary questioning
of persons in public places and a search for weapons during temporary question-
ing.
Referred to Committee on Judiciary No. 2.
By Representatives McMillan of Robeson, McFadyen, Campbell of Robeson
and Speros:
H. B. 376, a bill to be entitled an act relating to the Fairmont City School
Administrative Unit in Robeson County.
Referred to Committee on Education.
By Representatives Godwin of Craven, Barker and Boshamer:
H. B. 377, a bill to be entitled an act to amend Chapter 952 of the Session
Laws of 1959 relating to water connections in the Town of Havelock.
Referred to Committee on Local Government.
By Representative Tart:
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
Referred to Committee on Education.
By Representatives Johnson of Wake, Twiggs, McMillan of Wake, Taylor
of Wake, McFadyen, Stanford, McMillan of Robeson, Chase and Holshouser:
1969] HOUSE JOURNAL 249
H. B. 379, a bill to be entitled an act to provide for the North Carolina Center
for Alcoholic Studies.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
H. B. 36, a bill to be entitled an act to amend the Charter of the City of Mount
Holly so as to create a City Council consisting of five members.
Returned for concurrence and placed on the Calendar.
S. J. R. 207, a joint resolution establishing a Wake County Bicentennial
Commission.
Referred to Committee on Local Government.
S. B. 209, a bill to be entitled an act to amend General Statutes 153-5 to
provide for staggered terms of office for the County Commissioners of Onslow
County.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 117, a bill to be entitled an act authorizing Person County to levy special
purpose taxes for certain purposes.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Covington, Culpepper, DeBruhl, Elliott, Euliss,
Everett, Falls, Fenner, Fulton, Garner, Gentry, Godwin of Craven, Godwin
of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler,
Holshouser, Horton, Jemison, Jernigan, Johnson of Duplin, Johnson of Wake,
Jones of Mecklenburg, Jones of Rutherford, Kincaid, Leatherman, Love,
Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight, McMichael,
McMillan of Robeson, McMillan of Wake, Messer, Mitchell, Mohn, Moore,
Paschal], Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn,
Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne,
Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son and Wills — 112.
Those voting in the negative are: None.
250 HOUSE JOURNAL [Session
H. B. 175, a bill to be entitled an act to provide that the issuance of bonds
after a bond order takes effect shall be extended by the period of time within
which such bonds could not be issued because of litigation.
On motion of Representative Ramsey of Person, the House concurs in the
Senate amendment and the bill is ordered enrolled.
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said Act.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Auman, Barbee, Barker,
Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer, Bostian,
Bradley, Britt, Bryan, Burrus, Campbell of Mecklenburg, Campbell of Robeson,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Covington,
Culpepper, DeBruhl, Elliott, Euliss, Everett, Falls, Fenner, Fulton, Garner,
Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harris, Haynes,
Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Duplin,
Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Kincaid, Leather-
man, Love, Martin Mauney, Mayfield, McDaniel, McFadyen, McKnight,
McMichael, McMillan of Robeson, McMillan of Wake, Messer, Mitchell,
Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton,
Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor,
Reid, Rhyne, Roberson, Rose, Rountree, Royall, Short, Snead, Snyder, Soles,
Speed, Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transly-
vania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins,
Whitley, Williamson and Wills — 109.
Those voting in the negative are: None.
Representative Andrews votes "present".
H. B. 30, a bill to be entitled an act to amend Chapter 105 of the General
Statutes, relating to income tax so as to exclude from gross income certain
local law enforcement officers' retirement benefits.
On motion of Representative DeBruhl, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 66, a bill to be entitled an act to set forth the offense of assault with a
deadly weapon upon a law enforcement officer or fireman and provide for punish-
ment for violation thereof.
On motion of Representative Godwin of Gates, consideration of the bill is
postponed until Thursday, March 20, 1969.
S. B. 40, a bill to be entitled an act to exempt the North Carolina Symphony
Society, Incorporated, from certain privilege license taxes.
Passes its second and third readings and is ordered enrolled.
S. B. 103, a bill to be entitled an act permitting citizens of this State to pur-
chase rifles and shotguns in contiguous states and defining antique firearms.
1969] HOUSE JOURNAL 251
Passes its second and third readings and is ordered enrolled.
On motion of Representative Godwin of Gates, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
FIFTY-FIFTH DAY
House of Representatives
Wednesday, March 19, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend J. Everette Neese, Pastor of Pilgrim Reform
United Church of Christ, Lexington, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Campbell of Robeson, Johnson
of Cabarrus, and Reid for today.
On motion of Representative McMillan of Robeson, the courtesies of the
floor are extended to the Honorable John B. Regan, a former member of the
House from Robeson County.
On motion of Representatives Bumgardner, Leatherman, Rhyne and Stewart,
the courtesies of the floor are extended to the Honorable Max Craig, a former
member of the House from Gaston County.
On motion of Representative Godwin of Craven the rules are suspended so
that he may approach the well of the House and introduce a special guest, Vet-
eran of Foreign Wars Commander-in-Chief Richard W. Horman, of Sugar
Grove, West Virginia. Commander Horman makes a few remarks.
On motion of Representative Vogler, the courtesies of the floor are extended
to the following former members of the House who served in the 1939 Session
of the General Assembly:
D. L. Ward, Speaker, Craven; Arch T. Allen, Wake; E. T. Bost, Jr., Cabarrus;
R. L. Bray, Camden; John W. Caffey, Guilford; Joe T. Carruthers, Jr., Guil-
ford; C. C. Efird, Stanly; Joe W. Garrett, Rockingham; William T. Hatch,
Wake; William D. Holoman, Halifax; Ira T. Johnston, Ashe; Raymond B.
Mallard, Columbus; William F. Marshall, Stokes; D. Lacy McBryde, Cumber-
land; Larry I. Moore, Jr., Wilson; C. E. Quinn, Duplin; Sheldon M. Roper,
Lincoln; N. McK. Ross, Harnett; W. C. Taylor, Caswell; W. Frank Taylor,
Wayne; J. B. Vogler, Mecklenburg; E. P. Warren, Person; John F. White,
Chowan; J. Lee Wilson, Davidson; Sam O. Worthington, Pitt, and R. H.
Underwood, Hertford.
252 HOUSE JOURNAL [Session
Mr. Speaker Vaughn recognizes former Speaker of the House, D. L. Ward,
who approaches the dais and reminds the members of the fact that problems
have always faced the General Assemblies and suggests that when they are
no longer serving as Representatives, problems will still exist.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 288, a bill to be entitled an act to amend General Statutes 18-57 so as
to provide for the distribution of Alcoholic Beverage Control Store Funds in
Northampton County.
With a favorable report.
By Representative Eagles, for the Committee on Banks and Banking:
H. B. 190, a bill to be entitled an act relating to funeral and burial trust funds.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Eagles the substitute bill is adopted.
H. B. 314, a bill to be entitled an act to amend General Statutes 147-69.1
relating to the investment of surplus funds of the State.
With a favorable report.
H. B. 356, a bill to be entitled an act to amend the State banking laws.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 225, a bill to be entitled an act to amend the Constitution of North
Carolina to empower the General Assembly of North Carolina to provide the
manner in which waiver of trial by jury in civil cases may be accomplished.
With a favorable report.
On motion of Representative Short the bill is recommitted to Committee on
Constitutional Amendments.
By Representative Tart, for the Committee on Education:
H. B. 324, a bill to be entitled an act to enlarge the membership of the County
Board of Education of Tyrrell County from three members to five members.
With a favorable report.
H. B. 376, a bill to be entitled an act relating to the Fairmont City School
Administrative Unit in Robeson County.
With a favorable report.
1969] HOUSE JOURNAL 253
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
With a favorable report.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 142, a bill to be entitled an act to amend General Statutes 20-17. 1(b),
General Statutes 20-23.1, General Statutes 20-141. 3(f), General Statutes
20-279. 13(c), General Statutes 20-279.14, and General Statutes 20-279. 16(b),
to remove therefrom provisions relative to furnishing proof of financial responsi-
bility.
With a favorable report.
H. B. 348, a bill to be entitled an act to amend Chapter 20 of the General
Statutes by placing therein a new definition of resident.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Messer and Ramsey of Madison:
H. B. 380, a bill to be entitled an act to amend General Statutes 20-63(h) to
increase commission for issuing motor vehicle registration plates under com-
mission contract arrangements.
Referred to Committee on Highway Safety.
By Representatives Taylor of Wake, Twiggs, Johnson of Wake, and McMillan
of Wake:
H. B. 381, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wake and Robeson Counties.
Referred to Committee on Judiciary No. 2.
By Representatives Vogler, Baugh, Beatty, Campbell of Mecklenburg,
Carson, Hicks, and Jones of Mecklenburg:
H. B. 382, a bill to be entitled an act to fix the compensation of the Chairman
and members of the Charlotte-Mecklenburg Board of Education.
Referred to Committee on Local Government.
By Representatives Carter, Raynor, Rose and Bryan:
H. B. 383, a bill to be entitled an act to amend Chapter 160 of the General
Statutes by adding General Statutes 160-205.1 authorizing municipalities to
acquire an entire structure or parcel of land when it is severed by street right
of way.
Referred to Committee on Local Government.
254 HOUSE JOURNAL [Session
By Representatives Godwin of Craven, Speros, Falls, Campbell of Robeson,
Chase, Bumgardner, Raynor, Rose, Mohn, DeBruhl, Harkins, Boshamer,
Strickland, Taylor of Wake, Elliott, Carter, Britt, Auman, Phillips, Penton,
Rountree, Beam, Roberson, Covington, Ragsdale, Campbell of Wilson, Burrus,
Short, and Moore:
H. B. 384, a bill to be entitled an act to amend General Statutes 105-141(b)
to exempt from taxation retirement benefits received by certain retired armed
forces personnel.
Referred to Committee on Finance.
By Representatives Mitchell, Johnson of Cabarrus, Tolbert, Hege, Troxell,
Rhyne, Snyder, Taylor of Transylvania, Fulton and Baugh:
H. B. 385, a bill to be entitled an act to impose a sales tax upon the sales of
spirituous liquors.
Referred to Committee on Finance.
By Representative Bradley:
H. B. 386, a bill to be entitled an act to provide for the nomination and election
of the Board of County Commissioners of Cherokee County.
Referred to Committee on Local Government.
By Representatives Falls, Fenner, Harkins, Jernigan, and Johnson of Wake:
H. B. 387, a bill to be entitled an act relating to rilling vacancies on boards of
county commissioners.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 106, a bill to be entitled an act to provide for the certification of the
existence and amounts of assessment liens against real property.
Referred to Committee on Finance.
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of
the General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
Returned for concurrence and placed on the Calendar.
S. J. R. 246, a joint resolution honoring Atkins High School of Winston-Salem
for winning the North Carolina 4-A Basketball Championship.
On motion of Representative McKnight the rules are suspended and the bill
is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
1969] HOUSE JOURNAL 255
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 36, a bill to be entitled an act to amend the Charter of the City of
Mount Holly so as to create a city council consisting of five members.
House concurs in Senate amendment and the bill is ordered enrolled.
S. B. 117, a bill to be entitled an act authorizing Person County to levy special
purpose taxes for certain purposes.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Wilson, Carson, Carter, Chase, Church, Clark,
Coble, Covington, Culpepper, DeBruhl, Eagles, Elliott, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green,
Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones
of Rutherford, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mitchell, Moore, Paschall, Payne, Penny of Durham Penny of Harnett, Penton,
Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor, Rhyne, Roberson,
Rose, Rountree, Royall, Short, Snead Snyder, Soles, Speed, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Whitley, and Wills — 105.
Those voting in the negative are: None.
H. B. 335, a bill to be entitled an act to amend the Charter of the City of
Greensboro, the same being Chapter 37, Private Laws of 1923, as amended, and
particularly as revised and reorganized by Chapter 1137, Session Laws of 1959,
as amended.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 357, a bill to be entitled an act amending General Statutes 14-107
relating to the issuance of worthless checks and the punishment therefor so as
to make certain provisions thereof relating to punishment effective in Bruns-
wick County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 72, a bill to be entitled an act amending the North Carolina Seed Law
so as to provide an alternative method for collecting funds under said act.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Burrus, Campbell of Mecklenburg,
Campbell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Covington,
Culpepper, DeBruhl, Eagles, Elliott, Everett, Falls, Fenner, Frye, Fulton,
Garner, Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Johnson of
256 HOUSE JOURNAL [Session
Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Lilley,
Love, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight, Mc-
Michael, McMillan of Robeson, McMillan of Wake, Messer, Mitchell, Mohn,
Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton, Phillips,
Quinn, Ragsdale, Ramsey of Madison, Raynor, Rhyne, Roberson, Rose,
Rountree, Royall, Short, Snead, Snyder, Soles, Speed, Speros, Stanford, Stevens,
Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert,
Troxell, Twiggs, Vogler, Warlick, Whitley, and Wills — 105.
Those voting in the negative are: None.
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
On motion of Representative Harkins consideration of the bill is postponed
until Thursday, March 20, 1969.
H. B. 52, a bill to be entitled an act to allow the governing bodies of the several
cities and towns of the State to fix their own compensation.
On motion of Representative Harkins consideration of the bill is postponed
until Thursday, March 20, 1969.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
On motion of Representative Speed consideration of the bill is postponed
until Thursday, March 20, 1969.
S. B. 143, a bill to be entitled an act to amend General Statutes 84-33 relating
to the annual and special meetings of the North Carolina State Bar.
Passes its second and third readings and is ordered enrolled.
S. J. R. 227, a joint resolution honoring Dr. John Caldwell.
On motion of Representative Johnson of Duplin consideration of the bill is
postponed until Thursday, March 20, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 175. An Act to provide that the issuance of bonds after a bond order
takes effect shall be extended by the period of time within which such bonds
could not be issued because of litigation.
S. B. 40. An Act to exempt the North Carolina Symphony Society, Incor-
porated, from certain privilege license taxes.
H. J. R. 360. A Joint Resolution congratulating the basketball team of the
University of North Carolina.
H. B. 43. An Act repealing Chapter 5 of the 1965 Session Laws and amending
a portion of Section 1 of Chapter 34 of the 1953 Session Laws of North Carolina
to revise and establish ward boundary lines of the City of Gastonia.
1969] HOUSE JOURNAL 257
H. B. 144. An Act relating to terms and election of officials of the Town of
Wade in Cumberland County.
H. B. 154. An Act to amend Chapter 508 of the Session Laws of 1947 so as
to permit Harnett County to release certain restrictions on hospital property.
H. B. 179. An Act to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
Boards of County Commissioners of Jackson, Transylvania, and Swain Counties
to prescribe regulations relating to the listing of property for taxation in those
counties.
H. B. 201. An Act to amend Chapter 598 of the Session Laws of 1967 author-
izing use of nontax revenues for recreational purposes in Mecklenburg County.
H. B. 217. An Act authorizing the Pamlico County Board of Education to
convey to Hobucken Community Development, Inc., a portion of the Hobucken
School site on which the Hobucken School Teacherage building is located for
use as a community center.
H. B. 222. An Act to amend Chapter 402 of the Session Laws of 1947 re-
lating to the establishment of Winston-Salem Firemen's Retirement Fund
Association.
H. B. 246. An Act to amend Chapter 119 of the Private Laws of 1913 by
increasing the number of Town Commissioners in Norlina from three to five.
H. B. 249. An Act to make applicable to the Town of Glen Alpine the pro-
visions of General Statutes 105-422 relating to the limitation of actions on tax
liens.
H. B. 241. An Act to require skin divers to display a warning flag as approved
by the Underwater Society of America.
H. B. 255. An Act to create the office of Director of Finance in Cleveland
County.
On motion of Representative Godwin of Gates, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
FIFTY-SIXTH DAY
House of Representatives
Thursday, March 20, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend William R. Bussey, Pastor of the First
Baptist Church, Wilson, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Tart and Snead for tomorrow.
258 HOUSE JOURNAL [Session
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Euhss, for the Committee on Corporations:
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services, and denning the powers and responsibilities of
such corporations and its members.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Euliss, the substitute bill is adopted.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 71, a bill to be entitled an act to amend General Statutes 20-216 con-
cerning passing of horses and other draft animals.
With a favorable report, as amended.
H. B. 87, a bill to be entitled an act to amend General Statutes 20-116(g)
relating to the manner in which vehicles may be loaded to adequately protect
the traveling public against dropping, sifting, blowing, leaking or otherwise
escaping loads.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Paschall, the substitute bill is adopted.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 90, a bill to be entitled an act to amend General Statutes 14-401.9 to
provide for removal of illegally parked motor vehicles from private parking
lots.
With an unfavorable report.
H. B. 182, a bill to be entitled an act to amend General Statutes 1-315,
relating to levy on property subject to sale under execution.
With an unfavorable report.
H. B. 352, a bill to be entitled an act to amend Chapter 93-A of the General
Statutes relating to real estate brokers and salesmen.
With a favorable report.
H. B. 381, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wake and Robeson Counties.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
1969] HOUSE JOURNAL 259
H. B. 223, a bill to be entitled an act to amend Chapter 7A of the General
Statutes so as to increase the uniform jail fees to three dollars.
With a favorable report.
H. B. 237, a bill to be entitled an act to authorize any county operating an
ambulance service to appoint an ambulance commission and delegate powers
thereto.
With a favorable report.
H. B. 238, a bill to be entitled an act to amend Chapter 887 of the Session
Laws of 1947 to provide a one per cent (1%) discount upon cetrain ad valorem
tax pre-payments.
With a favorable report.
H. B. 291, a bill to be entitled an act abolishing the salary of the Constable of
Henderson Township in Vance County.
With a favorable report.
H. B. 295, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Stokes County.
With a favorable report.
H. B. 311, a bill to be entitled an act to amend General Statutes 153-5 to
provide for staggered terms of office for the County Commissioners of Onslow
County.
With a favorable report.
H. B. 312, a bill to be entitled an act amending Chapter 146 of the Public
Local Laws of 1941 so as to provide that the members of the Utilities Com-
mission of the City of Greenville may fix their salaries, subject to designated
limits.
With a favorable report, as amended.
H. B. 326, a bill to be entitled an act to extend the territorial jurisdiction of
the Police Department of the Town of Manteo in Dare County.
With a favorable report.
H. B. 346, a bill to be entitled an act to amend General Statutes 153.10.1,
relating to removal and disposal, of trash, garbage, etc., so as to make said
section applicable to Rockingham County.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
H. B. 351, a bill to be entitled an act to amend Chapter 324 of the Session
Laws of North Carolina, 1961, being the Charter of the Town of Elon College
relating to the adoption of ordinances and resolutions.
With a favorable report.
260 HOUSE JOURNAL [Session
H. B. 362, a bill to be entitled an act to amend the Charter of Lincolnton to
increase the salary of the Mayor and Aldermen and to designate Lincolnton as
the "City of Lincolnton".
With a favorable report.
H. B. 365, a bill to be entitled an act to authorize the Board of County
Commissioners of Nash County to compensate Mrs. Joe Powell for injuries re-
ceived while in the service of Nash County.
With a favorable report.
H. B. 368, a bill to be entitled an act to amend Chapter 362 of the Private
Laws of 1905 relating to the election of the Mayor and Commissioners of the
Town of Coats in Harnett County.
With a favorable report.
S. B. 154, a bill to be entitled an act to amend Chapter 21 of the Session Laws
of 1961 relating to the rules and regulations for municipal elections of the City
of Gastonia.
With a favorable report.
S. B. 169, a bill to be entitled an act to extend the corporate limits of the
City of Jacksonville so as to include the area on which the City's waste stabi-
lization lagoon is located.
With a favorable report.
By Representative Vogler, for the Committee on State Government:
H. B. 294, a bill to be entitled an act to amend General Statutes 163-117 so
as to provide for numbered seats in the Forty-First District of the House of
Representatives.
With a favorable report.
S. B. 125, a bill to be entitled an act to change the time of meeting of the
General Assembly after the election of a governor to the second Wednesday in
February.
With a favorable report.
S. B. 130, a bill to be entitled an act to provide for expansion of services of
the North Carolina Capital Building Authority.
With a favorable report.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 292, a bill to be entitled an act to amend Chapter 215 of the Public-
Local Laws of 1931, relating to fox hunting in Hoke and other counties so as
to exempt Hoke County from the provisions of said Act.
With a favorable report.
H. B. 325, a bill to be entitled an act prohibiting the hunting of game animals
with dogs between March 1 and October 15 in Beaufort County.
1969] HOUSE JOURNAL 261
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives McMillan of Wake, Johnson of Wake, Taylor of Wake,
and Twiggs:
H. J. R. 388, a joint resolution recognizing and congratulating the League of
Women Voters for fifty years of service to good government.
On motion of Representative McMillan, the rules are suspended and the
bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives McFadyen, Campbell of Robeson, McMillan of Robeson
and Speros:
H. J. R. 389, a joint resolution honoring the life and memory of Laurie Mc-
Eachern, former member of the General Assembly.
On motion of Representative McFadyen, the rules are suspended and the
bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF
LAURIE MCEACHERN, FORMER MEMBER OF THE GENERAL
ASSEMBLY.
WHEREAS, the General Assembly of North Carolina has been deeply
grieved by the death of the Honorable Laurie McEachern, of Hoke County,
on December 26, 1968; and
WHEREAS, during the life time of Laurie McEachern, he rendered out-
standing service to his community, his county and State, as a religious and civic
leader, distinguished citizen in various activities and as a member of the House
of Representatives of the General Assembly from Hoke County for eight years;
and
WHEREAS, the General Assembly wishes to record its appreciation of his
life and his contributions to the State of North Carolina; and
WHEREAS, the General Assembly shares the sorrow of his death and
desires to express its sympathy to his family;
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
262 HOUSE JOURNAL [Session
Section 1. That in the death of Laurie McEachern the State of North Caro-
lina and the County of Hoke have lost one of their most able, useful and loyal
citizens.
Sec. 2. That the General Assembly does hereby express its highest appreci-
ation of Laurie McEachern as a citizen and public servant, and does hereby
extend its sympathy to his family for the loss of its distinguished member.
Sec. 3. That this Resolution shall become a part of the public record of the
1969 Session of the General Assembly of North Carolina and a copy shall be
duly certified by the Secretary of State and forthwith transmitted to the family
of Laurie McEachern.
Sec. 4. This Resolution shall become effective upon its adoption."
By Representatives Kincaid and Bostian:
H. B. 390, a bill to be entitled an act to amend General Statutes 160-453.5
and General Statutes 160-453.17 relating to annexation by municipalities in
Burke and Caldwell Counties.
Referred to Committee on Local Government.
By Representative Gentry:
H. B. 391, a bill to be entitled an act amending Chapter 105 of the General
Statutes by adding Article 2A imposing a tax on certain bottled soft drinks.
Referred to Committee on Finance.
By Representatives Ramsey of Person and Raynor:
H. B. 392, a bill to be entitled an act to amend General Statutes 7-448 and
General Statutes 7-449, relating to membership and terms of office on the
Judicial Council, so as to include as members the Chief Judge of the Court of
Appeals, or a member designated by him, and a District Court Judge designated
by the Chief Justice.
Referred to Committee on Judiciary No. 2.
And,
H. B. 393, a bill to be entitled an act to amend General Statutes 1-287.1,
relating to dismissal of appeals to the Supreme Court, so as to make the same
procedure applicable to appeals to the Court of Appeals.
Referred to Committee on Judiciary No. 2.
By Representatives Harkins, Falls, Fenner, Jernigan and Johnson of Wake:
H. B. 394, a bill to be entitled an act revising Article 6A of Chapter 153 of
the General Statutes of North Carolina concerning the salaries of county
officers and employees.
Referred to Committee on Local Government.
And,
H. B. 395, a bill to be entitled an act relating to the Clerk to the Board of
County Commissioners.
1969] HOUSE JOURNAL 263
Referred to Committee on Local Government.
By Representatives Bryan, Barbee, Baugh, Beam, Beatty, Campbell of
Mecklenburg, Campbell of Wilson, Carson, Clark, Covington, Culpepper,
DeBruhl, Euliss, Fenner, Harkins, Harris, Horton, Jemison, Lilley, McDaniel,
McMichael, McMillan of Robeson, Mills, Penny of Durham, Phillips, Ragsdale,
Ramsey of Person, Reid, Roberson, Rose, Rountree, Royall, Snead, Soles,
Stevens, Strickland, Tart, Taylor of Transylvania, Taylor of Wake and Twiggs:
H. B. 396, a bill to be entitled an act to strengthen the fiscal research re-
sources of the General Assembly.
Referred to Committee on Rules and Operation of the House.
By Representatives Messer and Ramsey of Madison:
H. B. 397, a bill to be entitled an act to appropriate funds to the Haywood
Technical Institute.
Referred to Committee on Appropriations.
By Representative Hicks:
H. B. 398, a bill to be entitled an act to establish the office of Legislative
Comptroller responsible only to the General Assembly of North Carolina and
to fix the powers and duties of such office.
Referred to Committee on Rules and Operation of the House.
By Representatives Carson, Campbell of Mecklenburg, Baugh, Hicks, Beatty,
Vogler, and Jones of Mecklenburg:
H. B. 399, a bill to be entitled an act to amend Chapter 18 of the General
Statutes so as to create a presumption of knowledge of the age of a purchaser of
malt beverages.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Culpepper and Godwin of Gates:
H. B. 400, a bill to be entitled an act to amend General Statutes 153-48.3,
relating to the compensation of employees engaged in the county's ambulance
service in Pasquotank County.
Referred to Committee on Local Government.
By Representative Rhyne:
H. B. 401, a bill to be entitled an act to prohibit the incorporation of any city
or town within one mile of any other city or town.
Referred to Committee on Local Government.
By Representatives Johnson of Wake, Harkins, Falls, Fenner and Jernigan:
H. B. 402, a bill to be entitled an act relating to meetings of the Board of
County Commissioners.
Referred to Committee on Local Government.
264 HOUSE JOURNAL [Session
By Representative Johnson of Wake:
H. B. 403, a bill to be entitled an act to implement Chapter 55B of the General
Statutes relating to professional corporations, by amending certain other acts
to conform.
Referred to Committee on Judiciary No. 2.
By Representatives Godwin of Gates, Auman, Barbee, Barr, Burrus, Church,
Coble, Collins, Covington, Culpepper, Everett, Falls, Fenner, Gentry, Godwin
of Craven, Hofler, Jemison, Johnson of Duplin, Jones of Mecklenburg, Lilley,
Love, McDaniel, McFadyen, Mills, Phillips, Quinn, Ragsdale, Raynor, Rober-
son, Rountree, Short, Speed, Speros, Strickland, Tolbert, Twiggs and William-
son:
H. B. 404, a bill to be entitled an act to amend Chapter 118 of the General
Statutes, relating to the North Carolina Firemen's Pension Fund, so as to ex-
clude from gross income certain retirement benefits from the North Carolina
Firemen's Pension Fund.
Referred to Committee on Finance.
By Representatives Godwin of Gates and Johnson of Duplin:
H. B. 405, a bill to be entitled an act to amend General Statutes 118-20 so as
to make the State Personnel Act applicable to the Secretary of the North Caro-
lina Firemen's Pension Fund.
Referred to Committee on Judiciary No. 1.
By Representatives Johnson of Wake, McMillan of Wake, Taylor of Wake,
and Twiggs:
H. B. 406, a bill to be entitled an act to continue Mrs. Sylvia G. Ruby as
a member of the Wake County Board of Education for the unexpired term of
Harry E. Stewart.
Referred to Committee on Education.
By Representative Billings:
H. B. 407, a bill to be entitled an act to make General Statutes 68-38, relating
to depreciation of domestic fowls, applicable in Wilkes County.
Referred to Committee on Judiciary No. 2.
By Representatives Jernigan, Falls, Fenner, Harkins and Johnson of Wake:
H. B. 408, a bill to be entitled an act authorizing Boards of County Com-
missioners to fix a date for their regular monthly meetings other than first
Mondays.
Referred to Committee on Local Government.
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
1969] HOUSE JOURNAL 265
S. B. 181, a bill to be entitled an act to amend General Statutes 130-13, so as
to increase the membership of the Robeson County Board of Health.
Referred to Committee on Local Government.
S. J. R. 261, a joint resolution honoring the life and memory of Philip J.
Weaver, Superintendent of Greensboro City Schools.
On motion of Representative Phillips, the rules are suspended and the bill
is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 288, a bill to be entitled an act to amend General Statutes 18-57 so as to
provide for the distribution of Alcoholic Beverage Control Stores funds in
Northampton County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 324, a bill to be entitled an act to enlarge the membership of the County
Board of Education of Tyrell County from three members to five members.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 376, a bill to be entitled an act relating to the Fairmont City School
Administrative Unit in Robeson County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 271, a bill to be entitled an act to amend Article 50, Chapter 106, of
the General Statutes so as to provide for ballots by mail in referendums among
producers of agricultural products on the question of self-assessment programs.
House concurs in Senate amendment and the bill is ordered enrolled.
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
Representative Gentry offers an amendment.
On motion of Representative Gentry, consideration of the bill is postponed
until Friday, March 21, 1969.
H. B. 52, a bill to be entitled an act to allow the governing bodies of the
several cities and towns of the State to fix their own compensation.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 66, a bill to be entitled an act to set forth the offense of assault with a
deadly weapon upon a law enforcement officer or fireman and provide for punish-
ment for violation thereof.
Representative Martin offers an amendment which is adopted.
266 HOUSE JOURNAL [Session
Representative Love offers an amendment which fails of adoption.
Passes its second reading as amended.
Representative Leatherman objects to the third reading and the bill remains
on the Calendar.
H. B. 142, a bill to be entitled an act to amend General Statutes 20-17.1(b),
General Statutes 20-23.1, General Statutes 20-141. 3(f), General Statutes
20-279.13fc), General Statutes 20-279.14, and General Statutes 20-279. 16(b),
to remove therefrom provisions relative to furnishing proof of financial re-
sponsibility.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 190, a bill to be entitled an act relating to funeral and burial trust
funds.
On motion of Representative Hicks, consideration of the bill is postponed
until Friday, March 21, 1969.
H. B. 314, a bill to be entitled an act to amend General Statutes 147-69.1
relating to the investment of surplus funds of the State.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 348, a bill to be entitled an act to amend Chapter 20 of the General
Statutes by placing therein a new definition of resident.
On motion of Representative Paschall, the Committee amendment is adopted.
Passes its second reading as amended.
Representative Twiggs objects to the third reading and the bill remains on
the Calendar.
H. B. 356, a bill to be entitled an act to amend the State Banking Laws.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
On motion of Representative Tart, consideration of the bill is postponed
until Tuesday, March 25, 1969.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.6
relating to the North Carolina Egg Law.
On motion of Representative Falls, consideration of the bill is postponed
until Tuesday, March 25, 1969.
S. J. R. 227, a joint resolution honoring Dr. John Caldwell.
On motion of Representative Johnson of Duplin, the Committee amendment
is adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
1969] HOUSE JOURNAL 267
On motion on Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
FIFTY-SEVENTH DAY
House of Representatives
Friday, March 21, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Wills for today.
On motion of Representative Johnson of Wake, H. B. 403, entitled "a bill
to be entitled an act to implement chapter 55B of the General Statutes relating
to professional corporations, by amending certain other acts to conform." is
withdrawn from the Committee on Judiciary No. 2 and re-referred to the Com-
mittee on Corporations.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Gentry for the Committee on Election Laws:
H. B. 173, a bill to be entitled an act to amend General Statutes 163-106
regarding the pledge of a candidate.
With an unfavorable report.
H. B. 282, a bill to be entitled an act to eliminate the requirement that not
less than two members of the Board of Education of the Asheboro City Admini-
strative Unit reside in territory outside the City of Asheboro.
With a favorable report.
H. B. 309, a bill to be entitled an act to amend General Statutes 163-151
relating to single shot voting so as to make Section 3, Sub-Section (b) thereof
inapplicable to Hoke County.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
268 HOUSE JOURNAL [Session
By Representatives Britt, Reid, Taylor of Wake, Falls and Jones of Ruther-
ford:
H. B. 409, a bill to be entitled an act to make certain amendments to Chapter
135 of the General Statutes relating to the Teachers' and State Employees'
Retirement System.
Referred to Committee on State Personnel.
By Representatives Culpepper and Godwin of Gates:
H. B. 411, a bill to be entitled an act to Authorize Pasquotank County to
enter into contracts for a retirement system.
Referred to Committee on Local Government.
By Representative Barr:
H. B. 412, a bill to be entitled an act amending Chapter 552, Session Laws
of 1957, the same being the Charter of the Town of Jefferson, so as to extend
the corporate limits of said Town.
Referred to Committee on Local Government.
By Representatives Barr, Williamson, Lilley, Taylor of Transylvania, Falls,
Johnson of Duplin, Everett, Messer, Hofler, Gentry and Kincaid:
H. B. 413, a bill to be entitled an act to amend General Statutes 105-446.2 to
provide that the Wildlife Resources Commission shall continue to be entitled
to a portion of the net proceeds of gasoline taxes.
Referred to Committee on Wildlife Resources.
By Representative Martin:
H. B. 414, a bill to be entitled an act to amend Chapter 96, General Statutes
of North Carolina, as amended, known as the Employment Security Law to
provide: To make General Statutes 96-4(e) conform to General Statutes 138-5
with respect to per diem pay for members of State Boards, etc.; to modify law
with respect to appeals from the Superior Court to higher courts to conform
with the Judicial Department Act of 1965 (Chapter 7A of the General Statutes);
State Treasurer's Bond to cover unemployment insurance fund; to clarify
certain provisions of said Chapter by defining the words "Week," "Average
weekly insured wage," "Vacation week," and "Partially unemployed week,";
to modify contributions rate tables; to change eligibility requirements of claim-
ants with respect to vocational school and training programs and to provide
disqualifications for failure to accept training without good cause, and further,
to provide disqualifications for separation from such training courses without
good cause or misconduct, and to provide no charge to the account of the em-
ployers of any benefits paid to any claimant while attending training pro-
grams or vocational schools; to modify benefit tables; certain privileged com-
munications with respect to information given by claimants, and to further
clarify certain provisions of said Chapter.
Referred to Committee on Employment Security.
1969] HOUSE JOURNAL 269
By Representatives Payne, Horton, Moore, Church, Holshouser, Lilley,
Coble, Phillips, Penton, Beam, Baugh, Short, Whitley, Kincaid, Bostian,
Boshamer, Carson, McDaniel, Haynes, Tolbert, Boger, and Covington:
H. J. R. 415, a joint resolution creating a legislative commission to study the
retirement, hospitalization insurance, life insurance and other benefits of
teachers and State employees.
Referred to Committee on Appropriations.
By Representatives Soles and Williamson:
H. B. 416, a bill to be entitled an act appointing the members of the Board
of Education of Whiteville City School Administrative Unit.
Referred to Committee on Local Government.
By Representatives McDaniel and Horton:
H. B. 417, a bill to be entitled an act to amend Chapter 740 of the Session
Laws of 1965 so as to make certain changes therein applicable to Forsyth
County.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 95, a bill to be entitled an act to rewrite General Statutes 28-174 re-
lating to damages recoverable for death by wrongful act.
Referred to Committee on Judiciary No. 2.
S. B. 215, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to permit blind voters to select assistance without restriction.
Referred to Committee on Election Laws.
S. B. 231, a bill to be entitled an act extending the jurisdiction of the police
officers of the City of Morganton in Burke County.
Referred to Committee on Local Government.
S. B. 239, a bill to be entitled an act to provide procedures for election of
Mayor and Board of Commissioners of the Town of Franklinville.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 169, a bill to be entitled an act to extend the corporate limits of the City
of Jacksonville so as to include the area on which the City's waste stabilization
lagoon is located.
Passes its second reading by the following vote and remains on the Calendar.
270 HOUSE JOURNAL [Session
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Covington, Culpepper, DeBruhl, Eagles, Elliott,
Euliss, Everett, Falls, Fenner, Frye, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Duplin, Johnson
of Wake, Jones of Mecklenburg, Jones of Rutherford, Kincaid, Leatherman,
Lilley, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight, Mc-
Michael, McMillan of Robeson, McMillan of Wake, Messer, Mills, Mitchell,
Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton,
Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor,
Reid, Rhyne, Roberson, Rose, Rountree, Royall, Snead, Snyder, Soles, Speros,
Stanford, Stevens, Stewart, Strickland, Taylor of Transylvania, Taylor of
Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, and Williamson —
109.
Those voting in the negative are: None.
H. B. 238, a bill to be entitled an act to amend Chapter 887 of the Session
Laws of 1947 to provide a one per cent (1%) discount upon certain ad valorem
tax prepayments.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 291, a bill to be entitled an act abolishing the salary of the Constable of
Henderson Township in Vance County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 292, a bill to be entitled an act to amend Chapter 215 of the Public-
Local Laws of 1931, relating to fox hunting in Hoke and other counties so as to
exempt Hoke County from the provisions of said Act.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 295, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Stokes County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 311, a bill to be entitled an act to amend General Statutes 153-5 to
provide for staggered terms of office for the County Commissioners of Onslow
County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 312, a bill to be entitled an act amending Chapter 146 of the Public
Local Laws of 1941 so as to provide that the members of the Utilities Com-
mission of the City of Greenville may fix their salaries, subject to designated
limits.
On motion of Representative Ramsey of Madison, the Committee amendment
is adopted.
1969] HOUSE JOURNAL 271
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 325, a bill to be entitled an act prohibiting the hunting of game animals
with dogs between March 1 and October 15 in Beaufort County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 326, a bill to be entitled an act to extend the territorial jurisdiction of
the Police Department of the Town of Manteo in Dare County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 346, a bill to be entitled an act to amend General Statutes 153-10.1,
relating to removal and disposal of trash, garbage, etc., so as to make said
section applicable to Rockingham County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 351, a bill to be entitled an act to amend Chapter 324 of the Session
Laws of North Carolina, 1961, being the Charter of the Town of Elon College
relating to the adoption of ordinances and resolutions.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 362, a bill to be entitled an act to amend the Charter of Lincolnton to
increase the salary of the Mayor and Aldermen and to designate Lincolnton as
the "City of Lincolnton".
Passes its second and third readings and is ordered sent to the Senate.
H. B. 365, a bill to be entitled an act to authorize the Board of County Com-
missioners of Nash County to compensate Mrs. Joe Powell for injuries received
while in the service of Nash County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 368, a bill to be entitled an act to amend Chapter 362 of the Private
Laws of 1905 relating to the election of the Mayor and Commissioners of the
Town of Coats in Harnett County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 381, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wake and Robeson Counties.
Representative Taylor of Wake offers an amendment which is adopted.
Passes its second reading as amended.
Representative Stanford objects to the third reading and the bill remains
on the Calendar.
S. B. 154, a bill to be entitled an act to amend Chapter 21 of the Session Laws
of 1961 relating to the rules and regulations for municipal elections of the City
of Gastonia.
Passes its second and third readings, and is ordered enrolled.
272 HOUSE JOURNAL [Session
H. B. 66, a bill to be entitled an act to set forth the offense of assult with a
deadly weapon upon a law enforcement officer or fireman and provide for punish-
ment for violation thereof.
Representative Twiggs offers an amendment which is adopted.
Representative Reid offers an amendment which fails of adoption.
Representative Leatherman moves consideration of the bill be placed on the
Calendar for Tuesday, March 25. This motion fails of adoption.
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
H. B. 348, a bill to be entitled an act to amend Chapter 20 of the General
Statutes by placing therein a new definition of resident.
Representative Twiggs offers an amendment which is adopted.
Passes its third reading, as amended, and is ordered engrossed and sent to the
Senate.
H. B. 50, a bill to be entitled an act authorizing the Board of County Com-
missioners of the several counties of the State to fix their compensation.
Representative Gentry offers an amendment which is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 71, a bill to be entitled an act to amend General Statutes 20-216 con-
cerning passing of horses and other draft animals.
On motion of Representative McKnight the Committee amendments are
adopted.
Passes its second reading as amended.
Representative Campbell of Mecklenburg objects to the third reading and
the bill remains on the Calendar.
H. B. 87, a bill to be entitled an act to amend General Statutes 20-116(g)
relating to the manner in which vehicles may be loaded to adequately protect
the traveling public against dropping, sifting, blowing, leaking or otherwise
escaping loads.
On motion of Representative Paschall, the bill is recommitted to the Com-
mittee on Roads.
H. B. 190, a bill to be entitled an act relating to funeral and burial trust
funds.
On motion of Representative Bumgardner consideration of the bill is post-
poned until Tuesday, March 25, 1969.
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services and defining the powers and responsibilities of such
corporations and its members.
1969] HOUSE JOURNAL 273
On motion of Representative Johnson of Wake, the bill is recommitted to
the Committee on Corporations.
H. B. 223, a bill to be entitled an act to amend Chapter 7A of the General
Statutes so as to increase the uniform jail fees to three dollars.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 237, a bill to be entitled an act to authorize any county operating an
ambulance service to appoint an ambulance commission and delegate powers
thereto.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer, consideration of the bill is postponed
until Wednesday, March 26, 1969.
H. B. 294, a bill to be entitled an act to amend General Statutes 163-117 so
as to provide for numbered seats in the Forty-first District of the House of
Representatives.
Passes its second reading.
Representative Frye objects to the third reading and the bill remains on the
Calendar.
H. B. 352, a bill to be entitled an act to amend Chapter 93A of the General
Statutes relating to real estate brokers and salesmen.
On motion of Representative Twiggs, consideration of the bill is postponed
until Tuesday, March 25, 1969.
S. B. 125, a bill to be entitled an act to change the time of meeting of the
General Assembly after the election of a governor to the second Wednesday in
February.
Passes its second reading.
Representative Gentry objects to the third reading and the bill remains on
the Calendar.
S. B. 130, a bill to be entitled an act to provide for expansion of services of
the North Carolina Capital Building Authority.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. J. R. 246. A Joint Resolution honoring Atkins High School of Winston-
Salem for winning the North Carolina 4-A Basketball Championship.
274 HOUSE JOURNAL [Session
S. B. 103. An Act permitting citizens of this State to purchase rifles and shot-
guns in contiguous states and defining antique firearms.
H. B. 36. An Act to amend the Charter of the City of Mount Holly so as to
create a city council consisting of five members.
S. B. 117. An Act authorizing Person County to levy special purpose taxes
for certain purposes.
S. B. 143. An Act to amend General Statutes 84-33 relating to the annual
and special meetings of the North Carolina State Bar.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
FIFTY-EIGHTH DAY
House of Representatives
Saturday, March 22, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Taylor of Wake, designated by Mr. Speaker Vaughn as Speaker Pro
Tempore.
Prayer is offered by Representative Coble.
Representative Twiggs, for the Committee on the Rules and Operation
of the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
On motion of Representative Johnson of Wake, the House adjourns to meet
Monday night at 8:00.
FIFTY-NINTH DAY
House of Representatives
Monday Night, March 24, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representative Elliott for tonight.
A leave of absence is granted Representative Carter for tonight and tomor-
row.
An indefinite leave of absence is granted Representatives Campbell of Robe-
son, Troxell and Watkins due to illness.
1969] HOUSE JOURNAL 275
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Fulton:
H. J. R. 418, a joint resolution honoring Robert 0. Huffman.
On motion of Representative Fulton the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representative Moore, Ragsdale, and Mohn:
H. B. 419, a bill to be entitled an act amending Chapter 456 of the 1965
Session Laws relating to the salaries of certain officials of Pender County.
Referred to Committee on Local Government.
By Representatives Harkins, Stevens, DeBruhl and Beam:
H. B. 420, a bill to be entitled an act to authorize the Board of County Com-
missioners of Buncombe County to appoint additional judges and prosecuting
officers for the General County Court.
Referred to Committee on Courts and Judicial Districts.
By Representatives Eagles, Johnson of Wake, Fenner, Barbee, McMillan
of Robeson, Jernigan, Martin, Williamson, Gentry, Everett, Paschall, Chase
and Strickland:
H. B. 421, a bill to be entitled an act appropriating funds to the North Caro-
lina State University Agricultural Experiment Station for support of research
in the Biological and Agricultural Engineering Department for protection of
tobacco products.
Referred to Committee on Appropriations.
By Representative Gentry:
H. B. 422, a bill to be entitled an act to increase from three hundred dollars
($300.00) to five hundred dollars ($500.00) the amount of a child's yearly
allowance for support alloted from a parent's estate.
Referred to Committee on Judiciary No. 1.
By Representatives Godwin of Craven, Barker and Boshamer:
H. B. 423, a bill to be entitled an act to re-activate the Charter of the Town
of Arapahoe, and to appoint the Mayor and Commissioners.
Referred to Committee on Local Government.
By Representatives Warlick and Beard:
276 HOUSE JOURNAL [Session
H. B. 424, a bill to be entitled an act to amend the Charter of the City of
Hickory to provide for the appointment of a special registration commissioner
for City elections.
Referred to Committee on Local Government.
By Representative McMillan of Robeson:
H. B. 425, a bill to be entitled an act to authorize the governing body of the
Town of Red Springs, North Carolina, to appoint a City Manager and to
prescribe his powers and duties.
Referred to Committee on Local Government.
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
H. B. 169, a bill to be entitled an act relating to hunting from public roads
in Duplin and Pender Counties.
Returned for concurrence.
On motion of Representative Moore the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
S. B. 213, a bill to be entitled an act to authorize a referendum in the Town
of Garland on Alcoholic Beverage Control stores.
Referred to Committee on Alcoholic Beverage Control.
S. B. 223, a bill to be entitled an act to amend General Statutes 20-183. 2(a)
concerning the safety equipment inspection of small trailers.
Referred to Committee on Highway Safety.
S. B. 224, a bill to be entitled an act authorizing Johnston County to levy
Special Purpose Taxes for certain purposes.
Referred to Committee on Finance.
S. B. 225, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Johnston County to regulate
garbage disposal.
Referred to Committee on Local Government.
S. B. 232, a bill to be entitled an act to establish a supplementary pension
fund for firemen in the Town of Elkin.
Referred to Committee on Local Government.
S. B. 236, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Clinton and to modify the application of General
Statutes 118-5, 118-6, and 118-7 to the City of Clinton.
Referred to Committee on Local Government.
1969] HOUSE JOURNAL 277
S. B. 241, a bill to be entitled an act authorizing the Wilkes County Board of
Education to convey certain real property.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 169, a bill to be entitled an act to extend the corporate limits of the City
of Jacksonville so as to include the area on which the City's waste stabilization
lagoon is located.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Wilson, Carson, Chase, Church, Clark, Coble,
Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green,
Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Jones of Rutherford, Kincaid, Lilley, Love, Mauney, Mayfield, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny
of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Twiggs Vogler, Warlick,
Williamson, and Wills— 107.
Those voting in the negative are: None.
H. B. 381, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wake and Robeson Counties.
Representative Stanford offers an amendment which is adopted.
Passes its third reading as amended and is ordered engrossed and sent to the
Senate.
H. B. 282, a bill to be entitled an act to eliminate the requirement that not
less than two members of the Board of Education of the Asheboro City Admini-
strative Unit reside in territory outside the City of Asheboro.
Passes its second and third readings and is ordered sent to the Senate.
H. B. .309, a bill to be entitled an act to amend General Statutes 163-151
relating to single shot voting so as to make Section 3, Sub-section (b) thereof
inapplicable to Hoke County.
Passes its second reading.
Representative Frye objects to the third reading and the bill remains of the
Calendar.
278 HOUSE JOURNAL [Session
H. B. 71, a bill to be entitled an act to amend General Statutes 20-216 con-
cerning passing of horses and other draft animals.
Passes its third reading and is ordered engrossed and sent to the Senate.
H. B. 294, a bill to be entitled an act to amend General Statutes 163-117 so
as to provide for numbered seats in the Forty-first District of the House of
Representatives.
Passes its third reading and is ordered sent to the Senate.
S. B. 125, a bill to be entitled an act to change the time of meeting of the
General Assembly after the election of a governor to the second Wednesday in
February.
Representative Gentry offers an amendment which is adopted.
Passes its third reading as amended and is ordered sent to the Senate for
concurrence in House amendment.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. J. R. 388. A Joint Resolution recognizing and congratulating the League
of Women Voters for fifty years of service to good government.
H. J. R. 389. A Joint Resolution honoring the life and memory of Laurie
McEachern, former member of the General Assembly.
S. J. R. 261. A Joint Resolution honoring the life and memory of Philip J.
Weaver, Superintendent of the Greensboro City Schools.
S. B. 72. An Act amending the North Carolina Seed Law so as to provide an
alternative method for collecting funds under said Act.
H. B. 200. An Act amending the Charter of the Town of Littleton to remove
limitation on value of estate and property.
H. B. 274. An Act to authorize the governing body of the Town of Maxton,
North Carolina, to appoint a city manager and to prescribe his powers and
duties.
H. B. 253. An Act to amend the Charter of the Town of Edenton, Chapter
1013 of the Session Laws of North Carolina, 1961, to eliminate the requirement
for a separate polling place in each of the several wards at municipal elections.
H. B. 261. An Act amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable to
Jones County.
H. B. 270. An Act to fix the compensation of the Chairman and members
of the Board of County Commissioners of Currituck County.
1969] HOUSE JOURNAL 279
H. B. 271. An Act to amend Article 50, Chapter 106, of the General Statutes
so as to provide for ballots by mail in referendums among producers of agricul-
tural products on the question of self-assessment programs.
On motion of Representative Eagles, duly seconded, the House adjourns to
meet tomorrow at 12:00 o'clock Noon.
SIXTIETH DAY
House of Representatives
Tuesday, March 25, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of the
House, reports the Journal of Monday night has been examined, found correct,
and without objection the same stands approved as written.
A leave of absence is granted Representative Penton for tomorrow.
On motion of Representative Jernigan, the rules are suspended in order that
the Chowan College Traveling Choir, directed by Professor James Chamblee,
may approach the well of the House where they will sing several songs.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompayning them, and take their place on
the Calendar, as follows:
Representative Paschall, for the Committee on Highway Safety:
H. B. Ill, a bill to be entitled an act to amend General Statutes 20-20 to
clarify the same relative to a chauffeur's license.
With a favorable report.
H. B. 195, a bill to be entitled an act to amend General Statutes 20-141(b)(5)
increasing the maximum speed to 70 miles per hour.
With an unfavorable report.
H. B. 199, a bill to be entitled an act to amend General Statutes 20-13(e)
and General Statutes 20-24(c) concerning the definition of conviction.
With an unfavorable report.
H. B. 233, a bill to be entitled an act to require special reflective devices to
be displayed on the rear of slow-moving vehicles such as farm tractors and
implements of husbandry operated on highways between sunset and sunrise.
With a favorable report, as amended.
280 HOUSE JOURNAL [Session
H. B. 330, a bill to be entitled an act to amend General Statutes 20-183.8 to
allow thirty day grace period for expired auto inspection certificates and to
authorize one-way trip permits to allow uninspected vehicles to travel to nearby
inspection stations.
With a favorable report, as amended.
H. B. 380, a bill to be entitled an act to amend General Statutes 20-63(h) to
increase commission for issuing motor vehicle registration plates under com-
mission contract arrangements.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 407, a bill to be entitled an act to make General Statutes 68-38, relating
to depredation of domestic fowls, applicable in Wilkes County.
With a favorable report.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 299, a bill to be entitled an act relating to hunting from public roads in
Duplin County.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Short, Phillips, Roberson, Strickland, Taylor of Tran-
sylvania, Frye, Ridenour, Baugh and Holshouser:
H. J. R. 426, a joint resolution creating the Commission on Presidential
Nomination Procedure.
Referred to Committee on Rules and Operation of the House.
By Representatives Roberson and Burrus:
H. B. 427, a bill to be entitled an act to redefine and extend the corporate
limits of the Town of Plymouth, Washington County, North Carolina.
Referred to Committee on Local Government.
By Representative Barr:
H. B. 428, a bill to be entitled an act to provide for a new registration of
voters in Ashe County in lieu of and prior to setting up a loose-leaf system
otherwise.
Referred to Committee on Election Laws.
By Representatives Jemison, Taylor of Transylvania, McDaniel, McKnight,
Payne, Tolbert, Boger, Wills, Phillips and Whitley:
1969] HOUSE JOURNAL 281
H. B. 429, a bill to be entitled an act to amend Article V, Section 5, of the
Constitution of North Carolina to grant an exemption of two thousand dollars
($2,000.00) from ad valorem taxation upon the residence of persons of the age
of sixty-five years and older.
Referred to Committee on Constitutional Amendments.
By Representative Covington:
H. B. 430, a bill to be entitled an act to exempt North Carolina from the
Federal Act making daylight savings time mandatory.
Referred to Committee on Judiciary No. 1.
By Representative Snyder and Hege:
H. B. 431, a bill to be entitled an act authorizing a refund of sales taxes paid
by the First Baptist Church of Lexington.
Referred to Committee on Finance.
By Representative Haynes:
H. B. 432, a bill to be entitled an act to provide for the election of the Board
of Education of Yadkin County.
Referred to Committee on Education.
By Representative Godwin of Craven:
H. B. 433, a bill to be entitled an act to amend General Statutes 105-141(b)
to exempt from taxation retirement benefits received by certain retired Federal
employees.
Referred to Committee on Finance.
By Representatives Messer, Chase, Ramsey of Madison, DeBruhl, Beam
and Auman:
H. B. 434, a bill to be entitled an act to amend Chapter 105 of the General
Statutes to provide for motor fuel tax refunds to non-profit rescue squads.
Referred to Committee on Finance.
By Representative Ramsey of Person:
H. B. 435, a bill to be entitled an act to make an appropriation to the State
Board of Education for the purpose of establishing and financing a technical
institute extension unit in Person County.
Referred to Committee on Appropriations.
By Representatives Carson, and Johnson of Cabarrus:
H. B. 436, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to set forth the duties of Presidential Electors and to provide
methods for their resignation.
Referred to Committee on State Government.
By Representative Barbee:
282 HOUSE JOURNAL [Session
H. B. 437, a bill to be entitled an act to rewrite General Statutes 35-42 to
provide that the Secretary of the Eugenics Board shall be an employee of the
State Department of Public Welfare and shall be designated by the Com-
missioner of Public Welfare.
Referred to Committee on Public Welfare.
By Representatives Garner and Blake:
H. B. 438, a bill to be entitled an act to amend General Statutes 115-126 so as
to authorize the Asheboro City Board of Education in Randolph County to
lease school facilities to the City of Asheboro for a term of twenty-five years.
Referred to Committee on Education.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 243, a bill to be entitled an act pertaining to the salaries of the Sheriff
and Register of Deeds of Cherokee County.
Referred to Committee on Local Government.
S. B. 245, a bill to be entitled an act to amend Chapter 134 of the Session
Laws of 1967 relating to ~ ;ancies occurring on the Board of Trustees of the
Sanford Graded School District.
Referred to Committee on Education.
S. B. 250, a bill to be entitled an act to amend Chapter 684 of the Session
Laws of 1947 relating to the Charter of the City of Kings Mountain.
Referred to Committee on Local Government.
H. B. 155, a bill to be entitled an act to amend the General Statutes with
regard to Physicians qualified to treat Workmen's Compensation claimants in
North Carolina.
Returned for concurrence.
On motion of Representative Soles, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
S. B. 256, a bill to be entitled an act to amend the Charter of the City of
Roanoke Rapids for the purpose of providing for the election of the mayor by
the eligible voters of the City, and increasing the time for the registration of
voters in said City elections.
Referred to Committee on Local Government.
S. J. R. 290, a joint resolution congratulating and commending the coach
and players of the Whiteville High School's basketball team for their per-
formance and sportsmanship in winning the State 2A Conference Basketball
Championship.
1969] HOUSE JOURNAL 283
On motion of Representative Soles, the rules are suspended and the bill is
placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
S. B. 162, a bill to be entitled an act to authorize the Thomasville City Board
of Education to acquire certain land for a school site and to authorize purchase
and payment of same on an installment basis.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 309, a bill to be entitled an act to amend General Statutes 163-151
relating to single shot voting so as to make Section 3, Sub-Section (b) thereof
inapplicable to Hoke County.
Passes its third reading and is ordered sent to the Senate.
H. B. 190, a bill to be entitled an act relating to funeral and burial trust funds.
Passes its second reading.
Representative Penny of Durham objects to the third reading and the bill
remains on the Calendar.
H. B. 352, a bill to be entitled an act to amend Chapter 93A of the General
Statutes relating to real estate brokers and salesmen.
Passes its second reading.
Representative Auman objects to the third reading and the bill remains on
the Calendar.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
On motion of Representative Tart, consideration of the bill is postponed
until Thursday, March 27, 1969.
S. B. 132, a bill to be entitled an act rewriting General Statutes 106-245.16
relating to the North Carolina Egg Law.
Representative Stanford offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
284 HOUSE JOURNAL [Session
S. J. R. 227. A Joint Resolution honoring Dr. John Caldwell.
S. B. 130. An Act to provide for expansion of services of the North Carolina
Capital Building Authority.
S. B. 154. An Act to amend Chapter 21 of the Session Laws of 1961 relating
to the rules and regulations for municipal elections of the City of Gastonia.
H. B. 13. An Act to amend General Statutes 116-46.3 relating to participation
in sixth-year program of Graduate Instruction for Superintendents, Assistant
Superintendents, and principals of public schools.
H. B. 63. An Act to amend Chapter 199, Session Laws of 1965, to allocate
the profits earned by the City of Rockingham Board of Alcoholic Control and
to provide for the appointment of members to the Board.
H. B. 132. An Act to extend the corporate existence of Confederate Woman's
Home.
H. B. 135. An Act to repeal General Statutes 15-162.1, relating to a plea of
guilty in first degree murder, first degree burglary, arson, and rape.
H. B. 147. An Act to amend General Statutes 18-45(8) to authorize alcoholic
Board Control Boards to sell at public auction real and personal property.
H. B. 176. An Act to repeal Chapter 1113 of the 1967 Session Laws providing
for the non-partisan election of the Henderson County Board of Education and
the extension of the terms of office of the members of the Henderson County
Board of Education so as to provide for the non-partisan election of the entire
membership of the Henderson County Board of Education at the 1970 regular
general County election.
H. B. 244. An Act to establish a supplementary pension fund for firemen in
the Town of North Wilkesboro.
H. B. 254. An Act to close temporarily the bear season in a portion of Gates
County.
H. B. 264. An Act to authorize a referendum in the Town of Aberdeen on
Alcoholic Beverage Control Stores and the sale of beer and wine.
H. B. 266. An Act to authorize the Vance County Board of Education to
convey certain surplus school property to the County of Vance.
H. B. 287. An Act to eliminate the requirement that not more than two
members of the Orange County Board of Education may reside in any one
Township of the County.
H. B. 314. An Act to amend General Statutes 147-69.1 relating to the in-
vestment of surplus funds of the State.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
1969] HOUSE JOURNAL 285
SIXTY-FIRST DAY
House of Representatives
Wednesday, March 26, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Oscar D. Woolridge, Coordinator of
Religious Affairs, North Carolina State University, Raleigh.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Coble, the rules are suspended in order that he
may introduce a special guest. Representative Coble approaches the well of
the House and introduces Hans Emmert of Reginsdurg, West Germany, who
is an exchange student from Germany staying with Mr. Reid Phillips of Greens-
boro, North Carolina. Mr. Emmert tells of his experiences since being in our
country and that his concern now, when he returns to Germany, is to let his
fellow countrymen see America through this experience.
On motion of Representative Johnson of Wake, H. B. 406, entitled "a bill to
be entitled an act to continue Mrs. Sylvia G. Ruby as a member of the Wake
County Board of Education for the unexpired term of Harry E. Stewart." is
withdrawn from the Committee on Education and placed on the Calendar for
today.
On motion of Representative Tart, H. B. 378 "a bill to be entitled an act to
appoint certain members of the Board of Education of the respective counties
of North Carolina and to fix their term of office." is taken from the Calendar
of Thursday, March 27th and place on the Calendar for Friday, March 28th.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 185, a bill to be entitled an act to amend General Statutes 18-51 so as
to prohibit the transportation of alcoholic beverages in vehicles for hire unless
such beverages belong to a passenger therein.
With a favorable report, as amended.
H. B. 373, a bill to be entitled an act to extend the jurisdiction of the Lincoln-
ton ABC officer or officers to Lincoln County.
With a favorable report.
H. B. 399, a bill to be entitled an act to amend Chapter 18 of the General
Statutes so as to create a presumption of knowledge of the age of a purchaser of
malt beverages.
With a favorable report.
286 HOUSE JOURNAL [Session
S. B. 170, a bill to be entitled an act to authorize a referendum in the Towns
of Biscoe and Mount Gilead on Alcoholic Beverage Control stores.
With a favorable report.
S. B. 213, a bill to be entitled an act to authorize a referendum in the Town
of Garland on Alcoholic Beverage Control stores.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 221, a bill to be entitled an act amending General Statutes 7A-196 re-
lating to trials in District Court so as to provide for the transfer of criminal
cases without hearing in District Court when the defendant demands a jury
trial.
With a favorable report, as amended.
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
With a favorable report.
By Representative Tart, for the Committee on Education:
H. B. 140, a bill to be entitled an act to allow professional personnel under
contract with the North Carolina Public Schools authority to claim reimburse-
ment for completed credit hours required by the North Carolina State Board
of Education and the State Department of Public Instruction to renew their
professional certificates.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Tart, the substitute bill is adopted.
On motion of Representative Tart, the bill is recommitted to Committee on
Finance.
By Representative Hofler, for the Committee on Judiciary No. 2.
H. B. 268, a bill to be entitled an act to provide for the broadcasting of
certain public notices.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Hofler, the substitute bill is adopted.
1969] HOUSE JOURNAL 287
SPECIAL MESSAGE FROM THE SENATE
Senate Chamber
Wednesday, March 26, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the information
that the Senate has failed to concur in the House amendment to Senate Bill
No. 125, "a bill to be entitled an act to change the time of meeting of the General
Assembly after the election of a governor to the second Wednesday in Febru-
ary", and requests a conference thereon, and for your information the President
has appointed as conferees on the part of the Senate to act with a like committee
on the part of the House, Senators Bailey, Boger and Ellis.
Respectfully,
s/ Roy Rowe
Principal Clerk
Pursuant to the above message, Mr. Speaker Vaughn appoints Represent-
atives Gentry, Barbee, Ragsdale and Strickland to serve as conferees on the
part of the House and the Senate is so notified.
message from the senate
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 173, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
Passes first reading and on motion of Representative Messer the bill is placed
on the calendar.
H. B. 26.3, a bill to be entitled an act to prohibit the taking of wildlife at
night with the aid of an artificial light from or through the use of any con-
veyance.
Returned for concurrence.
On motion of Representative Barr, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
S. B. 191, a bill to be entitled an act enabling municipalities to finance re-
development programs on an annual basis.
Referred to Committee on Local Government.
S. B. 237, a bill to be entitled an act to provide for a period of probation when
a new driver's license is issued under the provisions of General Statutes 20-19(e).
Referred to Committee on Highway Safety.
S. B. 222, a bill to be entitled an act to clarify General Statutes 20-28.1
relating to revocation of driving privileges of persons who drive while licenses
are revoked or suspended.
288 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 1.
S. J. R. 295, a joint resolution inviting His Excellency, the Governor, to
address a joint session of the Senate and House of Representatives at 12:30
P. M., March 27, 1969.
On motion of Representative Johnson of Duplin, the rules are suspended and
the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
Mr. Speaker Vaughn appoints as a committee on the part of the House to
serve as escort to the Governor Representatives Lilley, Boshamer and DeBruhl
and the Senate is so notified.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Taylor of Wake, Twiggs, McMillan of Wake, Johnson of
Wake, Strickland, Raynor, and Carter:
H. B. 439, a bill to be entitled an act to appropriate sufficient funds to provide
a 10 c /c salary increase for State employees for the fiscal year 1969-70, and an
additional 10% salary increase for the fiscal year 1970-71.
Referred to Committee on Appropriations.
By Representative Euliss:
H. B. 440, a bill to be entitled an act to appropriate funds to the State Board
of Health for the development and expansion of programs for the mentally
retarded.
Referred to Committee on Appropriations.
And,
H. B. 441, a bill to be entitled an act to appropriate funds to the State Board
of Education for scholarships for training teachers of mentally retarded children.
Referred to Committee on Appropriations.
And,
H. B. 442, a bill to be entitled an act to make appropriations to the Depart-
ment of Mental Health for grants-in-aid to provide day care and residential care
for certain mentally retarded children.
Referred to Committee on Appropriations.
By Representative McFadyen:
1969] HOUSE JOURNAL 289
H. B. 443, a bill to be entitled an act to change the style of the Town of Rae-
ford to the City of Raeford and to change the name of the Board of Commiss-
ioners to the City Council.
Referred to Committee on Local Government.
By Representatives Bryan, Rose, Carter and Raynor:
H. B. 444, a bill to be entitled an act to include Cumberland in the provisions
for removal and disposal of trash and in the provisions regarding special assess-
ments for water and sewer facilities.
Referred to Committee on Local Government.
By Representatives Jones of Rutherford, Baugh, Beam, Beard, Beatty,
Bostian, Bumgardner, Campbell of Mecklenburg, Carson, Carter, Clark,
DeBruhl, Falls, Fulton, Harkins, Hicks, Horton, Johnson of Cabarrus, Jones of
Mecklenburg, Kincaid, Mauney, Mayfield, McKnight, Mitchell, Payne, Penny
of Durham, Ramsey of Madison, Raynor, Rhyne, Ridenour, Rose, Royall,
Short, Snead, Speros, Stevens, Stewart, Vogler, Warlick, Williamson and Wills:
H. B. 445, a bill to be entitled an act appropriating certain monies to Alex-
ander Schools, Inc.
Referred to Committee on Appropriations.
By Representatives Reid and Rountree:
H. B. 446, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Pitt County to prescribe
regulations relating to the listing of property for taxation in Pitt County, and
to authorize the division, or combining of townships for tax listing purposes.
Referred to Committee on Local Government.
And,
H. B. 447, a bill to be entitled an act relating to mileage allowance for Pitt
County Employees.
Referred to Committee on Local Government.
By Representatives Snead and Penton:
H. B. 448, a bill to be entitled an act fixing the compensation of the sheriff,
auditor, and register of deeds of New Hanover County.
Referred to Committee on Local Government.
By Representatives McKnight and Billings:
H. B. 449, a bill to be entitled an act amending Chapter 308, Session Laws of
1959, extending the time for issuance of bonds by counties and municipalities
for providing storage of water at projects constructed pursuant to the Act of
Congress cited as "Water Supply Act of 1958".
Referred to Committee on Local Government.
290 HOUSE JOURNAL [Session
By Representative Everett:
H. B. 450, a bill to be entitled an act to extend the town limits to the Town
of Robersonville in Martin County.
Referred to Committee on Local Government.
By Representatives Kincaid and Holshouser:
H. J. R. 451, a joint resolution suggesting the teaching of American Govern-
ment and the United States in today's world in the public and private schools
in the State of North Carolina.
Referred to Committee on Education.
By Representatives Jernigan and Messer:
H. B. 452, a bill to be entitled an act amending Article I of Chapter 113 of
the General Statutes relating to the Board of Conservation and Development
and the Director thereof.
Referred to Committee on Conservation and Development.
By Representatives Messer and Ramsey of Madison:
H. B. 453, a bill to be entitled an act prohibiting the discharge of firearms on
or across any highway in Haywood County.
Referred to Committee on Judiciary No. 1.
By Representative Culpepper:
H. B. 454, a bill to be entitled an act authorizing Elizabeth City in Pasquo-
tank County to zone around the perimeter of the Coast Guard Air Base at
Elizabeth City to afford safe flying operations.
Referred to Committee on Local Government.
By Representative Green by request:
H. B. 455, a bill to be entitled an act to repeal the Charter of the Town of
West Bladenboro.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 299, a bill to be entitled an act relating to hunting from public roads
in Duplin County.
On motion of Representative Johnson of Duplin the Committee amendment
is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
1969] HOUSE JOURNAL 291
H. B. 407, a bill to be entitled an act to make General Statutes 68-38, relating
to depredation of domestic fowls, applicable in Wilkes County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 190, a bill to be entitled an act relating to funeral and burial trust funds.
Representative Bumgardner offers an amendment which is adopted.
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
H. B. 352, a bill to be entitled an act to amend Chapter 93A of the General
Statutes relating to real estate brokers and salesmen.
Passes its third reading and is ordered sent to the Senate.
H. B. Ill, a bill to be entitled an act to amend General Statutes 20-20 to
clarify the same relative to a chauffeur's license.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 233, a bill to be entitled an act to require special reflective devices to be
displayed on the rear of slow-moving vehicles such as farm tractors and im-
plements of husbandry operated on highways between sunset and sunrise.
Ob motion of Representative Auman consideration of the bill is postponed
until Thursday, April 3, 1969.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer the bill is temporarily displaced in order
to consider identical S. B. 173.
S. B. 173, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
Passes its second reading.
Representative Baugh objects to the third reading and the bill remains on the
Calendar.
H. B. 330, a bill to be entitled an act to amend General Statutes 20-183.8 to
allow thirty day grace period for expired auto inspection certificates and to
authorize one way trip permits to allow uninspected vehicles to travel to nearby
inspection stations.
On motion of Representative Fenner the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 380, a bill to be entitled an act to amend General Statutes 20-63(h) to
increase commission for issuing motor vehicle registration plates under com-
mission contract arrangements.
On motion of Representative Paschall, the bill is recommitted to the Com-
mittee on Appropriations.
292 HOUSE JOURNAL [Session
H. B. 406, a bill to be entitled an act to continue Mrs. Sylvia G. Ruby as a
member of the Wake County Board of Education for the unexpired term of
Harry E. Stewart.
Passes its second and third readings and is ordered sent to the Senate.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. J. R. 418. A Joint Resolution honoring Robert 0. Huffman.
S. B. 169. An Act to extend the corporate limits of the City of Jacksonville
so as to include the area on which the City's waste stabilization lagoon is located.
H. B. 152. An Act to amend General Statutes 24-8, which permits an 8%
interest rate, so as to include foreign or domestic real estate investment trusts.
On motion of Representative Collins, duly seconded, the House adjourns to
meet tomorrow at 12 o'clock Noon.
SIXTY-SECOND DAY
House of Representatives
Thursday, March 27, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
A leave of absence is granted Representative Auman for tomorrow.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Gordon Greenwood, a former member of the House from Buncombe County.
Mr. Speaker Vaughn extends the courtesies of the floor to the family of the
late George R. Uzzell, a former member of the House from Rowan County.
A leave of absence is granted Representatives Bryan, Johnson of Wake,
Stewart, and Taylor of Transylvania for today.
1969] HOUSE JOURNAL 293
SPECIAL MESSAGES FROM THE SENATE
Senate Chamber
March 27, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the information
that pursuant to Senate Joint Resolution No. 295, "A Joint Resolution in-
viting His Excellency, the Governor, to address a Joint Session of the Senate
and House of Representatives at 12:30 P. M., March 27, 1969", the President
has appointed the following committee on the part of the Senate to act with a
like committee on the part of the House to escort His Excellency, the Governor,
to the Hall of the House to address the Joint Session: Senators Ellis and
MacLean.
Respectfully,
s/ Roy Rowe
Principal Clerk
Senate Chamber
March 27, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body with the information
that pursuant to Senate Joint Resolution 295, "A Joint Resolution inviting
His Excellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:30 P. M., March 27, 1969", the Senate stands
ready to repair to the Hall of the House, there to sit in Joint Session with your
Honorable Body.
Respectfully,
S/ Roy Rowe
Principal Clerk
JOINT SESSION
Pursuant to S. J. R. 295, entitled "a joint resolution inviting His Excellency,
the Governor, to address a Joint Session of the Senate and House of Repre-
sentatives at 12:30 P. M., March 27, 1969", the Sergenat-at-Arms announces
the approach of the Senate and that Body with its officers comes into the Hall
of the House and is assigned seats. President Taylor is seated at the right of
Mr. Speaker Vaughn.
The Joint Assembly is called to order by President Taylor.
The Joint Committee of the House and Senate comes into the Hall of the
House acting as escort to Governor Scott.
Senator Ellis presents His Excellency, Governor Robert Walter Scott to
President Taylor, Mr. Speaker Vaughn, and the General Assembly.
Governor Scott makes the following address:
"Mr. President, Mr. Speaker, members of the General Assembly of North
Carolina.
294 HOUSE JOURNAL [Session
I appreciate the privilege you have given me to come before you again during
this Session. I am aware of the demands made upon your time, especially now
that you are deeply involved in discussing the issues that are before you.
But I ask for some of your time today in order that I might present for your
consideration a new program for North Carolina.
In my legislative message to you on January 22, I stated that I would ask
your support in developing programs that will build a partnership between our
State government and our local communities.
There has been much concern expressed in recent months over the need to
strengthen local governments. These expressions have come from local govern-
ment officials, community leaders and the general public. Part of this concern
stems from the growing awareness that unless action is taken, local govern-
ments — those closest to the people — will become largely ineffective. Indeed,
many are finding it increasingly difficult to cope with the pressing problems of
a modern society.
Since our counties, cities and towns are created by the State, I feel the State
has an obligation to provide them with technical know-how, planning assistance,
and other services to enable them to cope with twentieth century problems and
to plan for the twenty-first century.
To aid in this essential effort, I ask this General Assembly to establish a new
department of State government to be known as the Department of Local
Affairs.
This department will be used primarily for the purpose of aiding and assisting
local governments to meet local needs, both immediate and long range. It will
be a service agency, staffed with competent individuals who have the expertise
in such areas as community planning, economic development, recreational
planning, housing, land use and development and other vital areas.
I intend for this new department to work in close cooperation with all local
governments. Equal attention will be given to counties and municipalities.
It will make no difference whether the local government is large or small in
terms of population, economic wealth or geography. The services of this depart-
ment will be available to all.
To assure this close cooperation I ask that an Advisory Council on Local
Affairs be established to work with the Director and the Department. At
least six members of this eighteen member council will, at the time of their
appointment or within the preceding two years, have served as a mayor, a
member of a municipal governing board or as a county commissioner.
There will be advisory committees on recreation, law and justice, and other
areas of work by this department. In short, the department will be so organ-
ized as to assure local governments a strong voice in its policies and programs.
Mr. President, Mr. Speaker, I consider the establishing of this department
to be a key element in the determined efforts of this administration to form a
true partnership with local governments. In addition to our 100 county govern-
ments, there are over 425 incorporated municipalities. There are also many
unincorporated communities ranging all the way from a few families around a
rural crossroads to the community of Kannapolis. Many have formed them-
selves into sanitary districts or water districts.
1969] HOUSE JOURNAL 295
Most of these counties, municipalities and unincorporated population centers
do not have the manpower, the finances or the technical knowledge to ade-
quately deal with the modern-day problems suddenly thrust upon them. Many
are not able to take advantage of — indeed some do not have knowledge of —
federal and State assistance programs available to them. Yet their problems
increase and their needs mount.
Much has been said about the needs of our local governments and what can
be done to assist them. My administration is committed to providing this type
of assistance. I am convinced our people want it. I ask you to join with me in
making it possible by establishing the Department of Local Affairs, a major new
department of our State government.
Another essential step in our effort to strengthen local governments in this
State is the matter of constitutional reform.
I am pleased that the Local Government Study Commission has placed such
reform at the top of its list of many worthy recommendations. I concur in that
priority, for the bedrock of democratic government is its constitution.
The language of 1868 has served well. Its basic conservative philosophy
should be retained. State supervision of local fiscal affairs is sound and should
be continued.
But we must not forever cling blindly to the past when facing the problems,
challenges and opportunities of the future. The language of 1868, written in
the context of the past century, must be updated and modernized.
Those constitutional provisions which limit the power of the General Assem-
bly to legislate for the 1970's and beyond must be revised. Barriers to effective
change in form and structure of local government must be removed.
My program for local government is in reality a program of better services
for all the people of our State. Its aim is to provide a sound and wholesome
balance of urban and rural life.
With these principles in mind, I urge your careful and studied consideration
of constitutional reform for local government.
OTHER INTERNAL REORGANIZATION
In order for our State government to operate more efficiently in the coming
years and fulfill its obligation to be more responsive to the needs of our people,
I am recommending that there be a reorganization of certain policy making
boards and agencies of our State administration.
Already you have before you a bill that would re-organize the Board of Con-
servation and Development along the lines recommended by the Study Com-
mission established by the 1967 General Assembly. I urge the enactment of
this bill for I believe it will give a better balance to the mission of the Depart-
ment in broad areas of development, conservation and tourism.
Soon to be introduced for your consideration will be a bill to provide for
additional highway commissioners. The enactment of that legislation will
enable the highway commission to be in closer touch with the people. It will
enable the commission to give closer and more immediate attention to the road
needs of our counties. I ask you to adopt this proposal.
296 HOUSE JOURNAL [Session
Article 36 of Chapter 143 of our General Statutes, enacted by the 1957 General
Assembly, provided for a Department of Administration. This department
has served well and it is essential to the effective operation of our State govern-
ment.
This department really serves as an extension of the Governor's office. With-
in it are located six divisions: Budget, Property Control, Purchase and Con-
tract, General Services, State Planning Task Force and Data Processing. Two
of these, Budget and Purchase and Contract, are required by Statute to be in
this department. Others are authorized but not required. With the exception
of the Budget and Purchase and Contract Divisions, the Director, with the
approval of the Governor, may add divisions, abolish divisions and otherwise
reorganize the department 'necessary or convenient for the efficient performance
of the duties and functions of the department.'
.1 am convinced that the department needs to be re-organized for more effici-
ency. Present authority exists to do this, but some additional funds will be
needed to make such re-organization effective.
As you know, in recent years there has been a tremendous increase in the
number of new federal programs. Many of these directly concern North Caro-
lina. I feel that our State is not fully utilizing some of the programs that can
be helpful to us and that we are not aggressive enough in getting some of our
federal tax dollars back into North Carolina. Further, these federal programs
have grown both in number and in scope to the extent it deserves our full-time
attention.
Therefore, I am asking that $36,500 be provided to establish within the De-
partment of Administration an Office of State-Federal Relations. This office
will be responsible for state-federal liaison on behalf of the Executive Branch
of State government. This office will serve as a key point of contact with federal
offices, agencies, and programs, and conduct the staff work for the Governor
and the Department of Administration.
The Division of Property Control and Construction needs to be reorganized
to more effectively handle the increased work load resulting from increased
numbers of State buildings and property, both existing and planned, under its
supervision. It is proposed that this division be renamed the Property Manage-
ment and Construction Division and that it be split up into three sections:
Architecture and Engineering, Real Property Management and Control, and
Legal. Salaries and support needed will be in the amount of $108,00.
The State Planning Task Force was created during the Sanford aministration
and strengthened during the Moore administration. The time has now arrived
where this division should be further strengthened by additional inputs of per-
sonnel and expertise to adequately serve the State's comprehensive long-range
planning and development needs. This change is needed to cope with the com-
plex long-range planning problems of the new century already rushing upon us.
The State Planning Task Force, therefore, will be re-organized into a Division
of State Planning and Development. It will have the responsibility to coordi-
nate existing State programs, and organization of agency plans for future pro-
grams and needs of the State.
1969] HOUSE JOURNAL 297
The basic functions at this level are coordination and integration of line agency
planning, and providing the Executive and Legislative branches of government
information on state-wide goals, policies and means of implementation.
The State Planning Task Force would be incorporated into this new division
and additional funds for support would amount to $112,000.
It is an objective of this administration to provide for our citizens as efficient
government as possible. To do this requires a constant review of organization
methods and procedures of all State agencies and to formulate plans for needed
improvements in organization.
Authority to accomplish this goal is already provided in General Statutes
143-341(5), but this program has never been implemented. It is needed. There-
fore, it is proposed that there be established a new division within the Depart-
ment of Administration to be known as the Administrative Management
Analysis Division. This division will provide staff assistance to the Governor
and the Advisory Budget Commission, two-thirds of whose membership are
members of the General Assembly. It will make studies and in-depth analysis
of budgets and organization, and will establish cost-benefit ratios where ap-
plicable to State programs. Such findings will be presented to the Advisory
Budget Commission and to the Governor and would be available to the General
Assembly.
Funds to support this new division will amount to $108,000.
Other divisions of the Department of Administration, Budget, Purchase and
Contract, General Services, and Data Processing, would function as they are
now constituted.
The work of the Department has expanded considerably from its original two
divisions. Responsibilities of the Department have increased in number and
complexity. The workload on the Director has increased greatly in the last
twelve years. Therefore, I am recommending that a position of Deputy Director
be established to assist the Director in the implementation of these expanded
programs and responsibility. The Deputy Director would act in the absence
of the Director. Salary and supporting expenditures for this position, together
with secretarial assistance would amount to $36,000 for the biennium.
Mr. President, Mr. Speaker, this message today, together with my two pre-
vious appearances before you, embodies the essential elements of- my program
for progress for the people of our State.
There are three alternatives before us:
One is to do nothing about increasing revenues. In this time of mounting
costs, enlarging needs of a growing State, and greater federal challenges in
terms of matching money, to accept this alternative would cause us to go
backward.
The second alternative is to provide those revenues which would enable us
to merely remain where we are with no forward motion. This is not in keeping
with our philosophy or tradition as a State.
The third opportunity is the course of courage. To me it is the only accept-
able alternative.
298 HOUSE JOURNAL [Session
I have been in office less than three months. But I am made more aware
each passing day that with the proper direction and leadership, North Carolina
can become outstanding in its capacity to make maximum use of its potential.
During the past few weeks, I have had the opportunity to chat with you at
the breakfast table, in my office or at dinner at the Executive Mansion. You
have strengthened the conviction I already hold that yout want to serve your
constituents conscientiously and that you are dedicated to your responsibilities
as elected members of a truly great deliberative body — the General Assembly
of North Carolina.
As you go about your tasks during the remaining weeks of this session, I
ask you to keep in mind one thought:
The programs I have presented to you are no monument to me as an individ-
ual. There are no frills in what I am proposing — no luxuries.
What I have recommended, either in programs or revenue sources, is not
frivoluous. It is not a question of what one man wants. It is a larger question
of what North Carolina needs.
No citizen of North Carolina will suffer unduly by supporting my program.
But thousands will benefit because you were willing to enact it.
The people of North Carolina elected me Governor to provide the needed
leadership during these four years. The program I present to you will enable
me to better fulfill that obligation.
It is my responsibility as Governor to present a program and the ways in
which it might be financed. This I have done.
You have the responsibility to evaluate both my proposals and the means
of financing. I am confident you will do so with the best interests of all of
North Carolina at heart.
Leadership — that is what I impress upon you today. That is what the people
want.
Let each of us in our respective positions of leadership be honest enough
and courageous enough to admit one thing:
To be influenced in our decisions by the cries of the faint hearted or the vocal
disgruntlement of leaders of special interest groups who resist the necessary
means of financing essential programs — this is indefensible leadership and it
betrays those we represent.
I implore every member of this General Assembly to rise to the challenge we
clearly face. Listen to the voice of reason and logic — not to emotion nor special
interests.
And let us ask Divine guidance that out conscience can distinguish between
the two.
Who will provide the leadership? As your Governor, I will.
Who can get the job done? Only you, the members of this General Assembly.
Let us all have the courage to "Go Forward' again."
1969] HOUSE JOURNAL 299
Mr. President Taylor asks Mr. Speaker Vaughn to preside in order that the
following appointments to the North Carolina Board of Higher Education,
the Board of Education and various Boards of Trustees may be confirmed by
the Joint Session:
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the North Carolina
Board of Higher Education, which must be confirmed by the General Assembly
in Joint Session, in accordance with General Statutes 116-156:
Term Term
Beginning Expiring
Mrs. Harry P. Horton 8-28-67 6-30-73
Pittsboro, North Carolina
Lindsay C. Warren, Jr. 8-28-67 6-30-73
Goldsboro, North Carolina
Dr. Isaac H. Miller, Jr. 10-7-68 6-30-73
Greensboro, North Carolina
Respectfully submitted,
S/ Rober W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Education,
which must be confirmed by the General Assembly in Joint Session, in ac-
cordance with General Statutes 115-2:
300
Dr. Charles E. Jordan, Sr.
Durham, North Carolina
George Douglas Aitken
Charlotte, North Carolina
HOUSE JOURNAL
Term
Beginning
7-31-67
7-31-67
[Session
Term
Expires
4-1-75
4-1-75
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
the North Carolina Agricultural and Technical State University, which must
be confirmed by the General Assembly in Joint Session, in accordance with
General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Dr. Frontis W. Johnston
Davidson, North Carolina
Charles Wiley Phillips
Greensboro, North Carolina
John S. Stewart
Durham, North Carolina
8-14-67 6-30-75
8-14-67 6-30-75
8-14-67 6-30-75
Respectfully submitted,
S/ Robert W. Scott"
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
"March 3, 1969
1969]
HOUSE JOURNAL
301
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees
of Appalachian State University, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Dr. Hugh P. Daniel, Jr. 8-3-67 6-30-75
P. O. Box 568
Waynesville, North Carolina
Lester P. Martin, Jr.
822 North Main Street
Mocksville, North Carolina
Dwight W. Quinn
Cannon Mills Company
Kannapolis, North Carolina
-3-67 6-30-75
-3-67 6-30-75
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
Asheville-Biltmore College, which must be confirmed by the General Assembly
in Joint Session, in accordance with General Statutes 116-46 (1) d:
J. Gerald Cowan
Asheville, North Carolina
William M. Lehmkuhl
Asheville, North Carolina
Claude Ramsey, Jr.
Asheville, North Carolina
Philip C. Brownell
Asheville, North Carolina
Term Term
Beginning Expiring
7-25-67 6-30-75
7-26-67 6-30-75
7-25-67 6-30-75
11-6-68 6-30-75
Respectfully submitted,
S/ Robert W. Scott"
302 HOUSE JOURNAL [Session
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
North Carolina College at Durham, which must be confirmed by the General
Assembly in Joint Session, in accordanc? with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Dr. Paul Clyde 8-21-67 6-30-75
Durham, North Carolina
Clyde A. Shreve 8-21-67 6-30-75
Summerfield, North Carolina
Clarence Watkins 8-21-67 6-30-75
Reidsville, North Carolina
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
East Carolina University, which must be confirmed by the General Assembly
in Joint Session, in accordance with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Charles H. Larkins, Sr. 8-9-67 6-30-75
Kinston, North Carolina
William W. Taylor, Jr. 8-9-67 6-30-75
Raleigh, North Carolina
1969]
James L. Whitfield
Raleigh, North Carolina
HOUSE JOURNAL
8-9-67
303
6-30-75
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
the Elizabeth City State College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Dr. Clifford Jones
Elizabeth City, North Carolina
Herbert T. Mullen
South Mills, North Carolina
Maceo A. Sloan
Durham, North Carolina
Joseph J. Harrington
Lewiston, North Carolina
Dr. Kermit E. White
Elizabeth City, North Carolina
10-10-67 6-30-75
10-10-67 6-30-75
10-10-67 6-30-75
10-10-67 6-30-73
10-10-67 6-30-73
Respectfully submitted,
S/ Robert W. Scott"
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
"March 3, 1969
304
HOUSE JOURNAL
[Session
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
the Fayetteville State College, which must be confirmed by the General Assem-
bly in Joint Session, in accordance with General Statutes 116-46 (1) d:
C. J. Barber
Garner, North Carolina
Charles Dawkins
Fayetteville, North Carolina
Gurney E. Edgerton
Fayetteville, North Carolina
J. Wilbur Breece
Fayetteville, North Carolina
Term
Beginning
8-31-67
8-31-67
8-31-67
11-7-68
Term
Expiring
6-30-75
6-30-75
6-30-75
6-30-71
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
Pembroke State College, which must be confirmed by the General Assembly
in Joint Session, in accordance with General Statutes 116-46 (1) d:
B. O. Burns
Rowland, North Carolina
Roscoe Drake McMillan, Jr.
Red Springs, North Carolina
W. Earl Britt
Lumberton, North Carolina
Purnell Swett
Pembroke, North Carolina
Term Term
Beginning Expiring
8-17-67
Respectfully submitted,
S/ Robert W. Scott"
6-30-75
8-17-67 6-30-75
9-22-67 6-30-71
2-13-68 6-30-75
1969]
HOUSE JOURNAL
"March 3, 1969
305
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
Western Carolina University, which must be confirmed by the General Assem-
bly in Joint Session, in accordance with General Statutes 116-46 (1) d:
Thomas Lane Mallonee
Candler, North Carolina
W. Harold Mitchell
Valdese, North Carolina
Edward Jordan Whitmire
Franklin, North Carolina
Term
Beginning
8-8-67
Term
Expiring
6-30-75
8-8-67 6-30-75
8-8-67 6-30-75
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
Wilmington College, which must be confirmed by the General Assembly, in
Joint Session, in accordance with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
William Horace Corbett
Wilmington, North Carolina
Addison Hewlett, Jr.
Wilmington, North Carolina
8-7-67 6-30-75
8-7-67 6-30-75
306 HOUSE JOURNAL [Session
Jim Smith 8-7-67 6-30-75
Chinquapin, North Carolina
Respectfully submitted,
S/ Robert W. Scott"
"March 3, 1969
The Honorable H. P. Taylor, Jr.
President of the Senate
The Honorable Earl W. Vaughn
Speaker of the House
North Carolina General Assembly
Raleigh, North Carolina
Gentlemen:
I transmit herewith the following appointments to the Board of Trustees of
Winston-Salem State College, which must be confirmed by the General Assem-
bly in Joint Session, in accordance with General Statutes 116-46 (1) d:
Term Term
Beginning Expiring
Sammie Chess, Jr. 8-17-67 6-30-75
High Point, North Carolina
Thomas Rice 8-17-67 6-30-75
Winston-Salem, North Carolina
J. Paul Wallace 8-17-67 6-30-75
Troy, North Carolina
Respectfully submitted,
S/ Robert W. Scott"
On motion of Representive Johnson of Duplin the above appointments are
confirmed.
On motion of Senator McGeachy the Joint Assembly dissolves, the Senate
repairs to its Chambers, and the House resumes consideration of its business.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on the
Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 141, a bill to be entitled an act relating to right of appeal in drainage
district hearings.
With a favorable report, as amended.
1969] HOUSE JOURNAL 307
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 29, a bill to be entitled an act to amend General Statutes 50-10 so as to
permit non-jury trials of divorce actions when service is by publication.
With an unfavorable report.
H. B. 42, a bill to be entitled an act to amend the waiver of a jury in actions
for absolute divorce based on one year separation.
With an unfavorable report.
H. B. 319, a bill to be entitled an act to amend General Statutes 89-14 re-
lating to land surveyors so as to amend said Act as it pertains to Alleghany
County.
With a favorable report.
H. B. 364, a bill to be entitled an act to provide credit toward the satisfaction
of the sentence when the defendant is unable to secure his release on bail pending
appeal.
With a favorable report, as amended.
H. B. 393, a bill to be entitled an act to amend General Statutes 1-287.1,
relating to dismissal of appeals to the Supreme Court, so as to make the same
procedure applicable to appeals to the Court of Appeals.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Mitchell and Troxell:
H. J. R. 456, a joint resolution honoring the life and memory of George
Randolph Uzzell, former member of the General Assembly.
On motion of Representative Mitchell the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
By Representatives Roberson and Burrus:
H. B. 457, a bill to be entitled an act to repeal Chapter 355 of the Public-Local
Laws of 1941 relating to elections in the Town of Aurora.
Referred to Committee on Local Government.
By Representative Penton:
308 HOUSE JOURNAL [Session
H. B. 458, a bill to be entitled an act to make Chapter 504 of the Session Laws
of 1965, relating to historic buildings and sites, applicable to the City of Wil-
mington.
Referred to Committee on Local Government.
By Representative McMichael:
H. B. 459, a bill to be entitled an act amending General Statutes 10-1, re-
lating to notaries public, so as to provide for terms of five years instead of two
years.
Referred to Committee on Judiciary No. 1.
By Representative Britt:
H. J. R. 460, a joint resolution creating a commission to study various hospi-
talization and medical benefit plans for State employees.
Referred to Committee on State Personnel.
And,
H. B. 461, a bill to be entitled an act to provide for the nomination and
election of the members of the Board of Education of Johnston County.
Referred to Committee on Education.
By Representatives Messer, and Ramsey of Madison:
H. B. 462, a bill to be entitled an act to fix the salary of the Register of Deeds
of Haywood County.
Referred to Committee on Local Government.
By Representative Jones of Rutherford:
H. B. 463, a bill to be entitled an act to amend the Charter of the Town of
Forest City, Chapter 2 of the Private Laws of 1925.
Referred to Committee on Local Government.
By Representative Jones of Rutherford, by request:
H. B. 464, a bill to be entitled an act authorizing the Board of Commissioners
of the Town of Forest City in Rutherford County to regulate water, sewer,
electric and other town utilities.
Referred to Committee on Local Government.
By Representatives Andrews and Britt:
H. B. 465, a bill to be entitled an act to amend the Constitution of North
Carolina to authorize the General Assembly to fix the personal exemptions for
income tax purposes.
Referred to Committee on Constitutional Amendments.
By Representatives Andrews, Jones of Rutherford, Hege, Snyder, Mitchell,
Martin, Haynes, Church, and Stanford:
1969] HOUSE JOURNAL 309
H. B. 466, a bill to be entitled an act appropriating funds to the Department
of Conservation and Development for employment of Assistant County Rangers
and for other purposes.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
Senate Committee Substitute for H. B. 174, a bill to be entitled an act to
amend General Statutes 163-30 and General Statutes 163-31 regarding the oath
of office and the time of the meeting of County Boards of Elections.
Returned for concurrence.
Referred to Committee on Election Laws.
H. B. 335, a bill to be entitled an act to amend the Charter of the City of
Greensboro, the same being Chapter 37, Private Laws of 1923, as amended, and
particularly as revised and reorganized by Chapter 1137, Session Laws of 1959,
as amended.
Returned for concurrence.
On motion of Representative Coble the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H . B. 373, a bill to be entitled an act to extend the jurisdiction of the Lincoln-
ton ABC Officer or Officers to Lincoln County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 170, a bill to be entitled an act to authorize a referendum in the Towns
of Biscoe and Mount Gilead on alcoholic beverage control stores.
Representative Blake calls for the "ayes" and "noes" on the passage of the
bill on its second reading. The call is sustained.
Passes its second reading by the following vote:
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Baugh, Beam, Beatty, Boshamer, Britt, Bumgardner, Burrus,
Campbell of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson,
Carter, Chase, Church, Clark, Collins, Culpepper, DeBruhl, Eagles, Euliss,
Everett, Falls, Fenner, Frye, Gentry, Godwin of Craven, Godwin of Gates,
Green, Gregory, Harkins, Harris, Hicks, Hofler, Jernigan, Johnson of Duplin,
Jones of Mecklenburg, Jones of Rutherford, Leatherman, Lilley, Martin,
Mauney, McFadyen, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mohn, Moore, Paschall, Penny of Durham, Penton, Quinn, Rags-
dale, Ramsey of Madison, Raynor, Reid. Ridenour, Roberson, Rose, Rountree,
Royall, Short, Snead, Speros, Stanford, Stevens, Tart, Taylor of Wake, Twiggs,
Vogler, and Williamson — 76.
310 HOUSE JOURNAL [Session
Those voting in the negative are: Representatives Beard, Billings, Blake,
Bostian, Bradley, Coble, Fulton, Garner, Haynes, Hege, Holshouser, Horton,
Jemison, Johnson of Cabarrus, Kincaid, Mayfield, McDaniel. McKnight,
Mitchell, Payne, Phillips, Snyder, Strickland, Tolbert, Warlick, Whitley, and
Wills — 28.
Those voting "present" are: Representatives Love, Penny of Harnett, and
Soles — 3.
Passes its third reading and is ordered enrolled.
S. B. 213, a bill to be entitled an act to authorize a referendum in the Town of
Garland on alcoholic beverage control stores.
Passes its second and third readings and is ordered enrolled.
S. B. 173, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
Passes its third reading and is ordered enrolled.
H. B. 185, a bill to be entitled an act to amend General Statutes 18-51 so as
to prohibit the transportation of alcoholic beverages in vehicles for hire unless
such beverages belong to a passenger therein.
On motion of Representative Messer the bill is recommitted to the Committee
on Alcoholic Beverage Control.
H. B. 221, a bill to be entitled an act amending General Statutes 7A-196
relating to trials in district court so as to provide for the transfer of criminal
cases without hearing in district court when the defendant demands a jury trial.
On motion of Representative Moore the Committee amendment is adopted.
Representative Moore calls the previous question. The call is sustained.
Passes its second reading as amended.
Representative Rose objects to the third reading and the bill remains on the
Calendar.
H. B. 257, a bill to be entitled an act to amend the Workmen's Compensation
Act, regarding benefits.
On motion of Representative Messer consideration of the bill is postponed
indefinitely.
H. B. 268, a bill to be entitled an act to provide for the broadcasting of certain
public notices.
Representative Campbell of Wilson offers an amendment which is adopted.
The bill fails to pass its second reading.
H. B. 399, a bill to be entitled an act to amend Chapter 18 of the General
Statutes so as to create a presumption of knowledge of the age of a purchaser of
malt beverages.
!969] HOUSE JOURNAL 311
Representative Martin moves consideration of the bill be postponed in-
definitely.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
S. J. R. 290. A Joint Resolution congratulating and commending the coach
and players of the Whiteville High School's basketball team for their perfor-
mance and sportsmanship in winning the State 2A Conference Basketball
Championship.
H. B. 158. An Act to amend General Statutes 20-116 (d) pertaining to the
size of vehicles and extending the length of certain trucks.
H. B. 169. An Act relating to hunting from public roads in Duplin and Pender
Counties.
H. B. 188. An Act to amend North Carolina General Statutes 116-45(5)
defining the primary purpose of Elizabeth City State College, Fayetteville
State College, and Winston-Salem State College.
H. B. 193. An Act to amend North Carolina General Statutes 116-45(2)
denning the primary purpose of Pemborke State College.
H. B. 283. An Act to amend the Act relating to the authority of the Charlotte
Firemen's Retirement System to invest in stock.
H. B. 284. An Act to amend the Charter of the City of Charlotte.
H. B. 310. An Act to amend Section 160-25 of the General Statutes of North
Carolina.
H. B. 155. An Act to amend the General Statutes with regard to physicians
qualified to treat Workmen's Compensation Claimants in North Carolina.
H. B. 206. An Act to revise and consolidate the Charter of the City of Wilson
and to repeal prior charter acts.
S. J. R. 295. A Joint Resolution inviting His Excellency, the Governor, to
address a Joint Session of the Senate and House of Representatives at 12:30
P. M., March 27, 1969.
H. B. 229. An Act repealing Chapter 602 of the Session Laws of 1963 limiting
the amount of school bonds which might be authorized for the County of
Cabarrus and fixing such limitation for said County within the provisions of the
County Finance Act.
H. B. 232. An Act to provide a supplemental retirement fund for firemen in
the City of Wilson and to modify the application of General Statutes 118-5,
General Statutes 118-6, and General Statutes 118-7 to the City of Wilson.
S. B. 132. An Act rewriting General Statutes 106-245.16 relating to the North
Carolina Egg Law.
312 HOUSE JOURNAL [Session
H. B. 263. An Act to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance.
On motion of Representative McMillan of Robeson, duly seconded, the House
adjourns to meet tomorrow at 10:00 o'clock A. M.
SIXTY-THIRD DAY
House of Representatives
Friday, March 28, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Love, the vote by which H. B. 268, entitled "a
bill to be entitled an act to provide for the broadcasting of certain public
notices." failed to pass its second reading is reconsidered and placed on the
Calendar for Tuesday, April 1, 1969.
On motion of Representative Falls, H. B. 233, entitled "a bill to be entitled
an act to require special reflective devices to be displayed on the rear of slow-
moving vehicles such as farm tractors and implements of husbandry operated
on highways between sunset and sunrise." is taken from the Calendar for
Thursday, April 3, 1969 and placed on the Calendar for Monday night, March
31, 1969.
A leave of absence is granted Representative Penton for Monday night.
A leave of absence is granted Representative Bryan for today.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Gentry, for the Committee on Election Laws:
H. B. 156, a bill to be entitled an act to amend General Statutes 14-145 to
prohibit posting of political advertisements on property without permission
of the owner.
With a favorable report.
S. B. 215, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to permit blind voters to select assistance without restriction.
With a favorable report.
1969] HOUSE JOURNAL 313
By Representative Chase, for the Committee on Health:
H. J. R. 305, a joint resolution urging the Appropriations Committees to
fully review and act favorably upon the "B" budget requests of the University
of North Carolina School of Medicine for the means to develop and expand
programs relating to community medical care, special education for North
Carolina students, and family physician education.
With a favorable report.
H. J. R. 306, a joint resolution authorizing and directing the Legislative
Research Commission to study North Carolina's Health Manpower needs,
measures to increase the supply, and means to accomplish indicated changes in
the health care system.
With a favorable report.
S. J. R. 198, a joint resolution urging the vocation guidance, recruitment and
encouragement of students to enter premedical and medical education.
With a favorable report.
S. J. R. 199, a joint resolution urging the three medical schools in the State
to increase their output of physicians.
With a favorable report.
S. J. R. 200, a joint resolution urging the strengthening of science and other
facets of premedical education.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 333, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Johnston County.
With a favorable report, as amended.
H. B. 363, a bill to be entitled an act to extend the time for incorporation of
a municipal corporation in Lincoln County.
With a favorable report.
H. B. 366, a bill to be entitled an act amending the Charter of the City of
New Bern in Craven County.
With a favorable report, as amended.
On motion of Representative Godwin of Craven, the rules are suspended and
the bill is placed on the Calendar for today.
H. B. 372, a bill to be entitled an act to allow petition by fifty per cent of the
property owners for street improvement in Lincolnton.
With a favorable report.
314 HOUSE JOURNAL [Session
H. B. 377, a bill to be entitled an act to amend Chapter 952 of the Session
Laws of 1959 relating to water connections in the Town of Havelock.
With a favorable report.
H. B. 423, a bill to be entitled an act to re-activate the Charter of the Town of
Arapahoe, and to appoint the Mayor and Commissioners.
With a favorable report.
S. B. 71, a bill to be entitled an act reducing the term of office of the Asheville
City Council to two years.
With a favorable report.
S. B. 177, a bill to be entitled an act amending General Statutes 153-9(353^)
and 153-9(35%) relating to the authority of Boards of County Commissioners
to expend nontax and tax revenues for soil and water conservation so as to
make said statutes applicable to Caldwell County.
With a favorable report.
S. B. 116, a bill to be entitled an act to amend the Charter of the Town of
Liberty regarding elections.
With a favorable report, as amended.
On motion of Representative Garner, the rules are suspended and the bill
is placed on today's Calendar.
S. B. 162, a bill to be entitled an act to authorize the Thomasville City Board
of Education to acquire certain land for a school site and to authorize purchase
and payment of same on an installment basis.
With a favorable report.
On motion of Representative Snyder, the rules are suspended and the bill is
placed on today's Calendar.
S. J. R. 207, a joint resolution establishing a Wake County Bicentennial
Commission.
With a favorable report.
S. B. 209, a bill to be entitled an act to amend General Statutes 153-5 to pro-
vide for staggered terms of office for the County Commissioners of Onslow
County.
With a favorable report.
S. B. 225, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Johnston County to regulate
garbage disposal.
With a favorable report.
S. B. 231, a bill to be entitled an act extending the jurisdiction of the police
officers of the City of Morganton in Burke County.
1969] HOUSE JOURNAL 315
With a favorable report.
S. B. 232, a bill to be entitled an act to establish a Supplementary Pension
Fund for Firemen in the Town of Elkin.
With a favorable report.
S. B. 236, a bill to be entitled an act to provide a Supplemental Retirement
Fund for Firemen in the City of Clinton and to modify the application of
General Statutes 118-5, 118-6, and 118-7 to the City of Clinton.
With a favorable report.
S. B. 239, a bill to be entitled an act to provide procedures for election of
Mayor and Board of Commissioners of the Town of Franklinville.
With a favorable report.
On motion of Representative Garner, the rules are suspended and the bill
is placed on today's Calendar.
S. B. 256, a bill to be entitled an act to amend the Charter of the City of
Roanoke Rapids for the purpose of providing for the election of the mayor by
the eligible voters of the City, and increasing the time for the registration of
voters in said City elections.
With a favorable report.
On motion of Representative Gregory, the rules are suspended and the bill
is placed on today's Calendar.
S. B. 241, a bill to be entitled an act authorizing the Wilkes County Board
of Education to convey certain real property.
With a favorable report.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 413, a bill to be entitled an act to amend General Statutes 105-446.2
to provide that the Wildlife Resources Commission shall continue to be entitled
to a portion of the net proceeds of gasoline taxes.
With a favorable report.
On motion of Representative Barr, the bill is recommitted to Committee on
Finance.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives McMillan of Robeson, Campbell of Robeson, McFadyen
and Speros:
H. J. R. 467, a joint resolution congratulating and commending the Red
Springs High School's basketball team for their performance and sportsman-
ship in winning the State 1-A Conference Basketball Championship.
316 HOUSE JOURNAL [Session
On motion of Representative McMillan of Robeson, the rules are suspended
and the bill is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION CONGRATULATING AND COMMENDING
THE RED SPRINGS HIGH SCHOOL'S BASKETBALL TEAM FOR
THEIR PERFORMANCE AND -SPORTSMANSHIP IN WINNING THE
STATE 1-A CONFERENCE BASKETBALL CHAMPIONSHIP.
WHEREAS, the Basketball Team of Red Springs High School, I. J. Wicker,
Superintendent, and E. M. Thigpen, Principal, composed of the following
members: C. G. Arrington, Anthony Black, Jerry Black, Robert Brown, Nicky
Bullard, Larry Carter, John Ellis, Kenny Fowler, John Henderson and James
Terry; Managers: Dennis Hagen and Mac Culbreth, and coached by William
H. Templeton and Stewart W. Smith won the Robeson County Basketball Con-
ference Tournament; and
WHEREAS, they also won the District 4-1A Conference Tournament; and
WHEREAS, on Saturday evening, March 22, 1969, in Raleigh, North Caro-
lina, they won the State 1A Conference Basketball Championship; and
WHEREAS, their performance and sportsmanship has brought honor to the
Red Springs High School, Robeson County Basketball Conference, Town of
Red Springs, Robeson County and the State of North Carolina:
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That the General Assembly of North Carolina, in behalf of the
people of North Carolina, congratulates and commends the basketball team and
the coaches of Red Springs High School, Red Springs, North Carolina, and the
high school which they so admirably represented in winning the State 1A Con-
ference Championship, and conveys to them its best wishes in their future
endeavors.
Sec. 2. That twenty (20) certified copies of this Resolution be prepared by
the Secretary of State and sent to Principal Thigpen of the Red Springs High
School for distribution to Coaches Templeton and Smith and to the individual
players and for appropriate display by the high school as symbols of the ap-
preciation and pleasure of this General Assembly and the people of North Caro-
lina in their accomplishments, and that this Resolution be made a part of the
permanent records of the 1969 General Assembly.
Sec. 3. This Resolution shall become effective upon ratification."
By Representatives Johnson of Duplin, and Mills of Anson:
H. B. 468, a bill to be entitled an act to provide for the licensing of osteo-
pathic physicians to practice medicine and surgery and to abolish the Board of
Osteopathic Examination and Registration.
Referred to Committee on Health.
1969] HOUSE JOURNAL 317
By Representatives Boshamer, Godwin of Craven and Barker:
H. B. 489, a bill to be entitled an act fixing the salary of the Board of Com-
missioners of Newport.
Referred to Committee on Local Government.
By Representative Church:
H. B. 470, a bill to be entitled an act changing the compensation of the Sheriff,
Register of Deeds and County Commissioners of Vance County.
Referred to Committee on Local Government.
By Representatives Beam, DeBruhl, Harkins and Stevens:
H. B. 471, a bill to be entitled an act to amend General Statutes 160-227.1
to make the subdivision laws applicable to municipalities in McDowell County.
Referred to Committee on Local Government.
By Representative Barr:
H. B. 472, a bill to be entitled an act to provide for a new registration of
voters in Ashe County in lieu of and prior to setting up a loose-leaf system other-
wise.
Referred to Committee on Election Laws.
By Representative Euliss:
H. B. 473, a bill to be entitled an act to provide a program of instruction for
handicapped children in North Carolina and to make appropriations therefor.
Referred to Committee on Appropriations.
By Representative Ramsey of Person:
H. B. 474, a bill to be entitled an act to clarify the laws relating to larceny.
Referred to Committee on Judiciary No. 2.
And,
H. B. 475, a bill to be entitled an act to clarify the laws relating to burglary
and related offenses.
Referred to Committee on Judiciary No. 2.
And,
H. B. 476, a bill to be entitled an act to allow discretionary review by the
Supreme Court of North Carolina in post-conviction cases.
Referred to Committee on Judiciary No. 2.
By Representative Jernigan:
318 HOUSE JOURNAL [Session
H. B. 477, a bill to be entitled an act abolishing the North Carolina Seashore
Commission, transferring the Seashore Commission's duties to the Depart-
ment of Conservation and Development and for related purposes.
Referred to Committee on Conservation and Development.
And,
H. B. 478, a bill to be entitled an act to amend Chapter 609 of the Session
Laws of 1963 denning the corporate limits of the Town of Ahoskie.
Referred to Committee on Local Government.
By Representative Culpepper:
H. B. 479, a bill to be entitled an act to amend Chapters 62 and 664 of the
1965 Session Laws relating to the compensation of the Chairman and other
members of the Pasquotank County Board of Commissioners.
Referred to Committee on Local Government.
And,
H. B. 480, a bill to be entitled an act to provide for the appointment and
compensation of the Pasquotank County Accountant by the Board of County
Commissioners.
Referred to Committee on Local Government.
By Representative Green, by request:
H. B. 481, a bill to be entitled an act to prevent the digging of ditches below a
certain level in Bladen County.
Referred to Committee on Local Government.
By Representatives Stevens and Harkins:
H. B. 482, a bill to be entitled an act to amend Chapter 121, Private Laws of
1931, relating to initiative, referendum and recall in the City of Asheville.
Referred to Committee on Local Government.
By Representatives Ramsey of Madison, Andrews, Auman, Barbee, Barr,
Baugh, Beam, Beatty, Boshamer, Britt, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Wilson, Carter, Chase, Church, Collins, Covington,
Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls, Fenner, Frye, Gentry,
Green, Gregory, Harkins, Harris, Hicks, Hofler, Jernigan, Johnson of Duplin,
Jones of Mecklenburg, Jones of Rutherford, Leatherman, Love, Mauney,
McFadyen, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Moore, Penny of Durham, Penny of Harnett, Phillips, Quinn, Ramsey of Person,
Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Soles,
Speros, Stanford, Stevens, Strickland, Tart, Twiggs, Vogler and Williamson:
H. B. 483, a bill to be entitled an act with respect to State and regional
planning.
Referred to Committee on Local Government.
1969] HOUSE JOURNAL 319
By Representatives Ramsey of Madison, Andrews, Auman, Barbee, Barr,
Baugh, Beam, Beatty, Boshamer, Britt, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Wilson, Carter, Chase, Church, Clark, Collins,
Covington, Culpepper, DeBruhl, Eagles, Euliss, Everett, Falls, Fenner, Frye,
Gentry, Green, Gregory, Harkins, Harris, Hicks, Hofler, Jernigan, Johnson of
Duplin, Jones of Mecklenburg, Jones of Rutherford, Leatherman, Love,
Mauney, McFadyen, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Moore, Penny of Durham, Phillips, Quinn, Ramsey of Person, Reid,
Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Soles,
Speros, Stanford, Stevens, Strickland, Tart, Twiggs, Vogler and Williamson:
H. B. 484, a bill to be entitled an act to establish the North Carolina Depart-
ment of Local Affairs.
Referred to Committee on Local Government.
By Representative Mills of Anson:
H. B. 485, a bill to be entitled an act to amend General Statutes 136-1 re-
lating to the membership of the State Highway Commission.
Referred to Committee on Roads.
By Representative Twiggs, by request:
H. B. 486, a bill to be entitled an act to amend Article 5, Chapter 87, Section
64 of the General Statutes relating to examination, renewal and reinstatement
fees for persons and firms engaged in refrigeration contracting.
Referred to Committee on Judiciary No. 2.
By Representatives Twiggs, Johnson of Wake, McMillan of Wake, and
Taylor of Wake:
H. B. 487, a bill to be entitled an act to bring General Statutes 163-153(2)
in conformance with General Statutes 163-45.
Referred to Committee on Judiciary No. 2.
By Representatives Twiggs, Taylor of Wake and McMillan of Wake:
H. B. 488, a bill to be entitled an act to remove the local modification to
General Statutes 163-69 as applicable to Wake County.
Referred to Committee on Judiciary No. 2.
By Representatives Vogler, Beatty, Campbell of Mecklenburg, Carson,
Hicks, and Jones of Mecklenburg:
H. B. 489, a bill to be entitled an act to amend Article 24 of Chapter 153 of
the General Statutes to permit the Board of Commissioners of Mecklenburg
County to excise the power of eminent domain with respect to water and sewer
systems in the same manner as permitted in Article 9 of Chapter 136 of the
General Statutes.
Referred to Committee on Local Government.
By Representatives Andrews, Britt, Jernigan and Phillips:
320 HOUSE JOURNAL [Session
H. B. 490, a bill to be entitled an act to amend the Constitution of North
Carolina to reduce the residence period required for voting in State elections
from one year to six months.
Referred to Committee on Constitutional Amendments.
By Representatives Clark, Penny of Durham and Harris:
H. B. 491, a bill to be entitled an act to amend the General Statutes relating
to interest and charges on borrowed money.
Referred to Committee on Banks and Banking.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 214, a bill to be entitled an act to amend General Statutes 20-183. 2(c)
concerning safety equipment inspections of motor vehicles sold at retail.
Referred to Committee on Highway Safety.
S. B. 228, a bill to be entitled an act to amend Chapter 196, Session Laws of
1967, to authorize the appointment of Alcoholic Beverage Control officers in
the Town of Mt. Pleasant, and to specify their jurisdiction.
Referred to Committee on Alcoholic Beverage Control.
S. B. 229, a bill to be entitled an act to amend Chapter 195, Session Laws
of 1967, to authorize the appointment of the Alcoholic Beverage Control
officers in the City of Concord and to specify their jurisdiction.
Referred to Committee on Alcoholic Beverage Control.
S. B. 265, a bill to be entitled an act to amend General Statutes 20-129(d)
concerning rear lamps on small trailers.
Referred to Committee on Highway Safety.
S. J. R. 271, a joint resolution relative to a correction in Senate Joint Reso-
lution 1 of the 1969 General Assembly.
Referred to Committee on Rules and Operation of the House.
S. B. 274, a bill to be entitled an act to amend General Statutes 20-129.1 (4),
(5), and (6) concerning required lights on small trailers.
Referred to Committee on Highway Safety.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 319, a bill to be entitled an act to amend General Statutes 89-14 re-
lating to land surveyors so as to amend said Act as it pertains to Alleghany
County.
1969] HOUSE JOURNAL 321
Passes its second and third readings and is ordered sent to the Senate.
H. B. 366, a bill to be entitled an act amending the Charter of the City of
New Bern in Craven County.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 116, a bill to be entitled an act to amend the Charter of the Town of
Liberty regarding elections.
On motion of Representative Garner, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
S. B. 162, a bill to be entitled an act to authorize the Thomasville City Board
of Education to acquire certain land for a school site and to authorize purchase
and payment of same on an installment basis.
Passes its second and third readings and is ordered enrolled.
S. B. 239, a bill to be entitled an act to provide procedures for election of
Mayor and Board of Commissioners of the Town of Franklinville.
Passes its second and third readings and is ordered enrolled.
S. B. 256, a bill to be entitled an act to amend the Charter of the City of
Roanoke Rapids for the purpose of providing for the election of the Mayor by
the eligible voters of the City, and increasing the time for the registration of
voters in said City elections.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Johnson of Duplin, the vote by which H. B.
366, entitled "a bill to be entitled an act to amend the Charter of the City of
New Bern in Craven County." passed its third reading is reconsidered.
On motion of Representative Johnson of Duplin, the vote by which the bill
passed its second reading is reconsidered.
On motion of Representative Godwin of Craven, the committee amendment
is adopted.
The amendment being material, the bill remains on the Calendar for its
second roll call reading.
On motion of Representative Snyder, the vote by which S. B. 162, entitled
"a bill to be entitled an act to authorize the Thomasville City Board of Edu-
cation to acquire certain land for a school site and to authorize purchase and
payment of same on an installment basis." passed its third reading is recon-
sidered.
On motion of Representative Snyder, the vote by which the bill passed its
second reading is reconsidered.
Passes its second reading by the following vote and remains on the Calendar.
322 HOUSE JOURNAL [Session
Those voting in the affirmative are: Representatives Andrews, Barbee,
Barker, Barr, Baugh, Beam, Beard, Blake, Boger, Boshamer, Bostian, Bradley,
Britt, Bumgardner, Burrus, Campbell of Robeson, Campbell of Wilson, Carson,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Elliott, Euliss, Everett, Falls, Fenner, Fulton, Garner, Gentry, Godwin of
Craven, Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege,
Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus,
Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Ruther-
ford, Kincaid, Lilley, Love, Martin, Mauney, McDaniel, McFayden, McKnight,
McMichael, McMillan of Robeson, McMillan of Wake, Messer, Mitchell,
Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton, Phillips,
Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor, Reid,
Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Snyder,
Soles, Speros, Stanford, Stevens, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Twiggs, Vogler, Warlick, Whitley, Williamson and
Wills— 104.
Those voting in the negative are: None.
H. B. 221, a bill to be entitled an act amending General Statutes 7A-196
relating to trials in district court so as to provide for the transfer of criminal
cases without hearing in district court when the defendant demands a jury
trial.
Representative Rose moves consideration of the bill be postponed until
Tuesday, April 1, 1969. This motion fails.
Representative Rose offers an amendment.
Representative Johnson of Duplin moves the amendment do lie upon the
table. The motion prevails.
Representative Rose calls for the "ayes" and "noes" on the passage of the
bill on its third reading. The call is sustained.
Representative Ramsey of Madison calls the previous question. The call
is sustained. Now the question recurs to the passage of the bill on its third
reading.
Passes its third reading by the following vote and is ordered sent to the
Senate.
Those voting in the affirmative are: Representatives Andrews, Barker, Barr,
Baugh, Beam, Beatty, Billings, Blake, Boger, Boshamer, Bradley, Britt,
Bumgarner, Burrus, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Elliott,
Falls, Frye, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green,
Gregory, Haynes, Hicks, Holshouser, Horton, Jemison, Johnson of Cabarrus,
Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Ruther-
ford, Lilley, Love, Mauney, McDaniel, McFadyen, McMichael, McMillan
of Robeson, McMillan of Wake, Messer, Moore, Paschall, Payne, Penny of
Durham, Penny of Harnett, Penton, Quinn, Ragsdale, Ramsey of Madison,
Ramsey of Person, Raynor, Reid, Rhyne, Snead, Soles, Speros, Stanford,
Strickland, Tart, Taylor of Wake, Twiggs, Vogler, Whitley, Williamson and
Wills — 79.
1969] HOUSE JOURNAL 323
Those voting in the negative are: Representatives Beard, Bostian, Eagles,
Euliss, Everett, Fenner, Fulton, Harris, Hege, Hofler, Jernigan, Kincaid,
Martin, Mills, Mitchell, Phillips, Ridenour, Robeson, Rose, Rountree, Royall,
Short, Snyder, Stevens, Taylor of Transylvania, Tolbert and Warliek — 27.
Representatives Harkins and McKnight vote "present". — 2.
H. B. 141, a bill to be entitled an act relating to right of appeal in drainage
district hearings.
On motion of Representative Godwin of Gates, the Committee amendment
is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 364, a bill to be entitled an act to provide credit toward the satisfaction
of the sentence when the defendant is unable to secure his release on bail pending
appeal.
On motion of Representative Strickland, the Committee amendment is
adopted.
Passes its second reading as amended.
Representative Penny of Durham objects to the third reading and the bill
remains on the Calendar.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their
terms of office.
Representative Gentry offers an amendment which is adopted.
Representative Taylor of Transylvania offers an amendment which fails of
adoption.
Representative Tolbert offers an amendment which is adopted.
Representative Mitchell offers an amendment which fails of adoption.
Passes its second reading as amended.
Representative Mitchell objects to the third reading and the bill remains
on the Calendar.
H. B. 393, a bill to be entitled an act to amend General Statutes 1-287.1,
relating to dismissal of appeals to the Supreme Court, so as to make the same
procedure applicable to appeals to the Court of Appeals.
On motion of Representative Ramsey of Person, consideration of the bill is
postponed indefinitely.
H. B. 399, a bill to be entitled an act to amend Chapter 18 of the General
Statutes so as to create a presumption of knowledge of the age of a purchaser
of malt beverages.
On motion of Representative Carson, the bill is recommitted to the Com-
mittee on Judiciary No. 1.
324 HOUSE JOURNAL [Session
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
Passes its second reading.
Representative Jemison objects to the third reading and the bill remains
on the Calendar.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
SIXTY-FOURTH DAY
House of Representatives
Saturday, March 29, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative McMillan of Wake, designated by Mr. Speaker Vaughn as Speaker
Pro Tempore.
Prayer is offered by Mr. R. Glenn Ogburn, member of the Sergeant-at-Arms
staff.
Representative Twiggs, for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
On motion of Representative McMillan of Wake, duly seconded, the House
adjourns to meet Monday night at 8 o'clock.
SIXTY-FIFTH DAY
House of Representatives
Monday Night, March 31, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend LaFon Vereen, Executive Secretary, Board
of Missions, United Methodist Church, Raleigh.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Elliott and Johnson of Cabarrus
for tonight.
On motion of Representative Green, H. B. 481 entitled, "a bill to be entitled
an act to prevent the digging of ditches below a certain level in Bladen County."
is taken from the Committee on Local Government and re-referred to the Com-
mittee on Conservation and Development.
1969] HOUSE JOURNAL 325
On motion of the Delegation from Buncombe County, the courtesies of the
floor are extended to the Honorable I. C. Crawford, a former member of the
House from Buncombe County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 382, a bill to be entitled an act to fix the compensation of the chairman
and members of the Charlotte-Mecklenburg Board of Education.
With a favorable report.
H. B. 400, a bill to be entitled an act to amend General Statutes 153-48.3,
relating to the compensation of employees engaged in the county's ambulance
service in Pasquotank County.
With a favorable report.
H. B. 411, a bill to be entitled an act to authorize Pasquotank County to
enter into contracts for a retirement system.
With a favorable report.
H. B. 412, a bill to be entitled an act amending Chapter 552 Session Laws of
1957, the same being the Charter of the Town of Jefferson, so as to extend the
corporate limits of said town.
With a favorable report.
H. B. 416, a bill to be entitled an act appointing the members of the Board of
Education of Whiteville City School Administrative Unit.
With a favorable report.
H. B. 419, a bill to be entitled an act amending Chapter 456 of the 1965
Session Laws relating to the salaries of certain officials of Pender County.
With a favorable report.
H. B. 425, a bill to be entitled an act to authorize the governing body of the
Town of Red Springs, North Carolina, to appoint a City Manager and to pre-
scribe his powers and duties.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
326 HOUSE JOURNAL [Session
By Representatives Mills, Eagles, Johnson of Duplin, Quinn, Johnson of
Wake, Gregory, Falls, Church, Rose, Gentry, Everett, Collins, Boshamer,
Soles, Moore, Jones of Rutherford, Ragsdale, and Fenner:
H. J. R. 492, a joint resolution in commemoration of the life and passing of
Dwight David Eisenhower, Soldier, President, and revered citizen of world
history.
On motion of Representative Mills, the rules are suspended and the bill is
placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION IN COMMEMORATION OF THE LIFE AND
PASSING OF DWIGHT DAVID EISENHOWER, SOLDIER, PRESIDENT,
AND REVERED CITIZEN OF WORLD HISTORY.
WHEREAS, Dwight David Eisenhower was General of the Armies, Architect
and Supreme Commander of the mightiest Allied Armed Forces ever assembled
to victory over attempted German Nazis conquest in World War II; and
WHEREAS, like the Father of our Country, upon becoming a National hero
as a Military Commander, he was later twice elected the 34th President of the
United States and led our Nation for eight Cold War years with an admini-
stration of domestic tranquility; and
WHEREAS, although his victories in War and politics were impressive, it
will long be remembered that his greatest conquest was the affection of the people
of America and the World;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives,
the Senate concurring:
Section 1. The General Assembly of North Carolina pauses in its deliberations
to pay tribute to Dwight David Eisenhower and to mourn his passing as his
body moves in transit to its final resting place.
Sec. 2. We again realize and recognize that his superb leadership in civili-
zation's darkest hour helped save mankind from the tyranny of dictators. In
the words of the distinguished Governor of North Carolina, Robert W. Scott,
'He walked tall among the leaders of the World'.
Sec. 3. That a copy of this Resolution be spread upon the minutes of the
respective Journals of the House and Senate, and that a duly certified copy be
transmitted by the Secretary of State to Mrs. Dwight David Eisenhower at her
home in Gettysburg, Pennsylvania.
Sec. 4. That this Resolution shall be effective upon its first reading on March
31, 1969."
By Representatives Jones of Mecklenburg and Vogler:
1969] HOUSE JOURNAL 327
H. J. R. 493, a joint resolution to create a commission to study employee-
employer relations in the public service.
Referred to Committee on State Personnel.
By Representative Gregory:
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemetery property and perpetual care funds to religious and chari-
table organizations.
Referred to Committee on Local Government.
By Representative Harris and Euliss:
H. B. 495, a bill to be entitled an act to establish the salaries and remuner-
ation of the Sheriff, Register of Deeds and the County Commissioners of
Alamance County.
Referred to Committee on Local Government.
By Representative Ragsdale, Moore and Mohn:
H. B. 496, a bill to be entitled an act to make certain appropriations to the
State Board of Education for the purpose of adding to the Onslow Technical
Institute a two-year curriculum of transferable college courses in Liberal Arts
and Sciences.
Referred to Committee on Appropriations.
By Representative McKnight:
H. B. 497, a bill to be entitled an act placing retirement benefits under the
Forsyth County Employees' Retirement Plan, and the Winston-Salem Em-
ployees' Retirement Fund on a par with those received under the Local Govern-
mental Employees' Retirement Fund insofar as State income taxability thereof
is concerned.
Referred to Committee on Finance.
And,
H. B. 498, a bill to be entitled an act amending Chapter 382 of the Session
Laws of 1967 so as to authorize the Town of Kernersville to join with Forsyth
County and the City of Winston-Salem in joint purchasing arrangements.
Referred to Committee on Local Government.
By Representatives Burrus and Roberson:
H. B. 499, a bill to be entitled an act to amend General Statutes 20-38 and
20-87 pertaining to specially constructed vehicles.
Referred to Committee on Highway Safety.
By Representatives Twiggs, McMillan of Wake, Taylor of Wake and Johnson
of Wake:
H. B. 500, a bill to be entitled an act to establish the salaries of the Sheriff and
Register of Deeds of Wake County.
328 HOUSE JOURNAL [Session
Referred to Committee on Local Government.
By Representative Auman:
H. B. 501, a bill to be entitled an act authorizing the Taylortown Sanitary
District in Moore County to establish, maintain and operate a public non-
profit cemetery.
Referred to Committee on Local Government.
By Representatives Carter, Bryan, Raynor and Rose:
H. B. 502, a bill to be entitled an act to increase the maximum number of
members of school committees to seven persons in Cumberland County.
Referred to Committee on Education.
By Representative McMillan of Robeson:
H. B. 503, a bill to be entitled an act appointing certain members of Fairmont
City Board of Education.
Referred to Committee on Education.
By Representative Bradley:
H. B. 504, a bill to be entitled an act amending Chapter 1073 of the 1959
Session Laws so as to provide for the issuance of pistol permits in Clay County
by the Clerk of Superior Court.
Referred to Committee on Local Government.
By Representative McMichael:
H. B. 505, a bill to be entitled an act to allow persons residing thirty days
within annexed areas of Mayodan to vote in the municipal election.
Referred to Committee on Local Government.
By Representatives Green and Bryan:
H. B. 506, a bill to be entitled an act to amend Chapter 146 of the General
Statutes of North Carolina to authorize the Department of Administration to
issue permits to riparian owners adjoining navigable waters to dredge in navi-
gable waters and to establish a schedule of charges for spoil taken from navigable
waters and State owned lakes.
Referred to Committee on Conservation and Development.
And,
H. B. 507, a bill to be entitled an act to amend Chapter 146 of the General
Statutes of North Carolina to establish regulations to preserve the natural
beauty of navigable waters within the State.
Referred to Committee on Conservation and Development.
By Representative Horton:
1969] HOUSE JOURNAL 329
H. B. 508, a bill to be entitled an act to identify and protect historically or
architecturally significant North Carolina buildings.
Referred to Committee on Conservation and Development.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 53, a bill to be entitled an act to permit a referendum in municipalities
concerning the sale of alcoholic beverages.
Referred to Committee on Alcoholic Beverage Control.
S. B. 144, a bill to be entitled an act amending Article IV of Chapter 84 of
the General Statutes so as to permit district bar associations to assess and col-
lect annual membership fees for the promotion and maintenance of its admini-
stration, activities and programs.
Referred to Committee on Judiciary No. 2.
S. B. 160, a bill to be entitled an act to fix the compensation and provide for
certain legislative expenses of Members of the General Assembly.
Referred to Committee on Rules and Operation of the House.
S. B. 161, a bill to be entitled an act to amend Chapter 316 of the Session
Laws of 1947, as amended relating to professional bondsmen in Robeson County.
Referred to Committee on Local Government.
S. B. 247, a bill to be entitled an act relating to filling vacancies on boards of
county commissioners.
Referred to Committee on Local Government.
S. B. 249, a bill to be entitled an act relating to the clerk to the board of county
commissioners.
Referred to Committee on Local Government.
S. B. 266, a bill to be entitled an act authorizing the commissioners of Caswell
County to execute warranty deeds.
Referred to Judiciary No. 1.
S. B. 279, a bill to be entitled an act to provide for an election in the Town
of Farmville on the question of amending the Town Charter to establish the
office of Town Manager.
Referred to Committee on Local Government.
S. B. 171, a bill to be entitled an act to amend General Statutes 95-86 so as to
increase the persons and occupations covered by the Minimum Wage Act.
Referred to Committee on Manufacturers and Labor.
330 HOUSE JOURNAL [Session
H. B. 49, a bill to be entitled an act to authorize County Boards of Elections
to conduct a new registration of voters during the year 1969 pursuant to in-
stalling loose-leaf registration as required by General Statutes 163-65.
Returned for concurrence.
On motion of Representative Messer, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
S. J. R. 315, a joint resolution honoring the life and memory of the Honorable
Dwight David Eisenhower, former President of the United States.
On motion of Representative Holshouser, the rules are suspended and the
bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 162, a bill to be entitled an act to authorize the Thomasville City Board
of Education to acquire certain land for a school site and to authorize purchase
and payment of same on an installment basis.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Church,
Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Everett, Falls,
Fenner, Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green,
Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Jones of Rutherford, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor,
Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royal, Short, Snead,
Snyder, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of
Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick,
Watkins, Williamson and Wills — 108.
Those voting in the negative are — None.
H. B. 366, a bill to be entitled an Act amending the Charter of the City of
New Bern in Craven County.
Passes its second reading, as amended, by the following vote and remains on
the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
1969] HOUSE JOURNAL 331
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Church,
Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Everett, Falls,
Fenner, Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Green,
Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Jones of Rutherford, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor,
Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royal, Short, Snead,
Snyder, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of
Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick,
Watkins, Williamson and Wills — 108,
Those voting in the negative are — None.
H. B. 333, a bill to be entitled an act to amend General Statutes 105-345,
fixing discounts for prepayment of taxes in Johnston County.
On motion of Representative Britt, the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 363, a bill to be entitled an act to extend the time for incorporation of
a municipal corporation in Lincoln County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 372, a bill to be entitled an act to allow petition by fifty per cent of the
property owners for street improvement in Lincolnton.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 377, a bill to be entitled an act to amend Chapter 952 of the Session
Laws of 1959 relating to water connections in the Town of Havelock.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 423, a bill to be entitled an act to re-activate the Charter of the Town
of Arapahoe, and to appoint the Mayor and Commissioners.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 71, a bill to be entitled an act reducing the term of office of the Ashe-
ville City Council to two years.
Passes its second and third readings and is ordered enrolled.
S. J. R. 207, a joint resolution establishing a Wake County Bicentennial
Commission.
Passes its second and third readings and is ordered enrolled.
S. B. 209, a bill to be entitled an act to amend General Statutes 153-5 to pro-
vide for staggered terms of office for the County Commissioners of Onslow
County.
332 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered enrolled.
S. B. 231, a bill to be entitled an act extending the jurisdiction of the police
officers of the City of Morganton in Burke County.
Passes its second and third readings and is ordered enrolled.
S. B. 232, a bill to be entitled an act to establish a Supplementary Pension
Fund for Firemen in the Town of Elkin.
Passes its second and third readings and is ordered enrolled.
S. B. 241, a bill to be entitled an act authorizing the Wilkes County Board of
Education to convey certain real property.
Passes its second and third readings and is ordered enrolled.
H. B. 364, a bill to be entitled an act to provide credit toward the satisfaction
of the sentence when the defendant is unable to secure his release on bail pending
appeal.
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
On motion of Representative Tart, consideration of the bill is postponed
until Tuesday, April 1, 1969.
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
Representative Jones of Mecklenburg offers an amendment.
Representative Fulton moves the bill and amendment be re-referred to the
Committee on Courts and Judicial Districts. This motion fails of adoption.
Representative Hicks offers an amendment.
On motion of Representative Godwin of Gates, consideration of the bill and
amendments, is postponed until Tuesday, April 1, 1969.
H. B. 156, a bill to be entitled an act to amend General Statutes 14-145 to
prohibit posting of political advertisements on property without permission
of the owner.
On motion of Representative Baugh, the bill is recommitted to the Com-
mittee on Election Laws.
H. B. 233, a bill to be entitled an act to require special reflective devices to
be displayed on the rear of slow-moving vehicles such as farm tractors and
implements of husbandry operated on highways between sunset and sunrise.
On motion of Representative Auman, the Committee amendment is adopted.
Representative Auman offers an amendment which is adopted.
1969] HOUSE JOURNAL 333
Representative Carson offers an amendment which is adopted.
Representative Auman calls the previous question. The call is sustained.
Now the question recurs to the passage of the bill on its second reading.
Passes its second reading as amended.
Representative Horton objects to the third reading and the bill remains on
the Calendar.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. J. R. 456. A Joint Resolution honoring the life and memory of George
Randolph Uzzell, former member of the General Assembly.
H. B. 269. An Act relating to the election of the Board of County Com-
missioners of Currituck County.
H. B. 335. An Act to amend the Charter of the City of Greensboro, the same
being Chapter 37, Private Laws of 1923, as amended, and particularly as revised
and reorganized by Chapter 1137, Session Laws of 1959, as amended.
S. B. 173. An Act to amend the Workmen's Compensation Act regarding
benefits.
S. B. 213. An Act to authorize a referendum in the Town of Garland on
alcoholic beverage control stores.
S. B. 170. An Act to authorize a referendum in the Towns of Biscoe and
Mount Gilead on alcoholic beverage control stores.
S. B. 116. An Act to amend the Charter of the Town of Liberty regarding
elections.
H. B. 237. An Act to authorize any county operating an ambulance service
to appoint an ambulance commission and delegate powers thereto.
H. B. 238. An Act to amend Chapter 887 of the Session Laws of 1947 to
provide a one per cent (1 %) discount upon certain ad valorem tax prepayments.
H. B. 260. An Act to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
Board of Commissioners of Cleveland County to prescribe regulations relating
to the listing of property for taxation in that County, and to authorize the
division or combining of Townships for tax listing purposes.
H. B. 295. An Act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Stokes County.
H. B. 311. An Act to amend General Statutes 153-5 to provide for staggered
terms of office for the County Commissioners of Onslow County.
334 HOUSE JOURNAL [Session
H. B. 312. An Act amending Chapter 146 of the Public Local Laws of 1941
so as to provide that the members of the Utilities Commission of the City of
Greenville may fix their salaries, subject to designated limits.
H. B. 324. An Act to enlarge the membership of the County Board of Edu-
cation of Tyrrell County from three members to five members.
H. B. 326. An Act to extend the territorial jurisdiction of the Police Depart-
ment of the Town of Manteo in Dare County.
H. B. 346. An Act to amend General Statutes 153-10.1, relating to removal
and disposal of trash, garbage, etc., so as to make said section applicable to
Rockingham County.
H. B. 351. An Act to amend Chapter 324 of the Session Laws of North Caro-
lina, 1961, being the Charter of the Town of Elon College relating to the adoption
of ordinances and resolutions.
H. B. 357. An Act amending General Statutes 14-107 relating to the issuance
of worthless checks and the punishment therefor so as to make certain provisions
thereof relating to punishment effective in Brunswick County.
H. B. 362. An Act to amend the Charter of Lincolnton to increase the salary
of the Mayor and Aldermen and to designate Lincolnton as the "City of Lincoln-
ton".
H. B. 365. An Act to authorize the Board of County Commissioners of Nash
County to compensate Mrs. Joe Powell for injuries received while in the service
of Nash County.
H. B. 368. An Act to amend Chapter 362 of the Private Laws of 1905 re-
lating to the election of the Mayor and Commissioners of the Town of Coats in
Harnett County.
H. B. 376. An Act relating to the Fairmont City School Administrative Unit
in Robeson County.
H. B. 406. An Act to continue Mrs. Sylvia G. Ruby as a member of the Wake
County Board of Education for the unexpired term of Harry E. Stewart.
S. B. 239. An Act to provide procedures for election of Mayor and Board of
Commissioners of Franklinville.
S. B. 256. An Act to amend the Charter of the City of Roanoke Rapids for
the purpose of providing for the election of the Mayor by the eligible voters of
the City, and increasing the time for the registration of voters in said City
elections.
On motion of Representative Jones of Rutherford, duly seconded, the House
adjourns in loving memory and honor of former President Dwight David
Eisenhower to meet tomorrow at 12 o'clock Noon.
1969] HOUSE JOURNAL 335
SIXTY-SIXTH DAY
House of Representatives
Tuesday, April 1, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Richard Commander, Camp Ground
United Methodist Church, Fayetteville, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Monday night has been ex-
amined, found correct, and without objection the same stands approved as
written.
On motion of Representative Gregory, H. B. 413, entitled "a bill to be en-
titled an act to amend General Statutes 105-446.2 to provide that the Wildlife
Resources Commission shall continue to be entitled to a portion of the net pro-
ceeds of gasoline taxes." is withdrawn from the Committee on Finance and re-
referred to the Committee on Appropriations.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable Ed
Clark, Judge of the Superior Court and former Senator from Bladen County.
Representative Horton sends forward a petition which is read and referred
to the Honorable Robert W. Scott, Governor of North Carolina.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Paschall, for the Committee on Highway Safety:
H. B. 251, a bill to be entitled an act to clarify provisions of Chapter 20 of the
Genera] Statutes concerning private and parochial school buses and school
activity buses.
With a favorable report.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1 :
H. B. 453, a bill to be entitled an act prohibiting the discharge of firearms on
or across any highway in Haywood County.
With a favorable report.
H. B. 405, a bill to be entitled an act to amend General Statutes 118-20 so as
to make the State Personnel Act applicable to the Secretary of the North Caro-
lina Firemen's Pension Fund.
With a favorable report.
336 HOUSE JOURNAL [Session
S. B. 73, a bill to be entitled an act to amend General Statutes 20-7(f) to
permit a person temporarily residing outside North Carolina to renew an oper-
ator's license by mail.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Britt, and Campbell of Mecklenburg:
H. B. 509, a bill to be entitled an act to amend the Constitution of North
Carolina to authorize the Governor to disapprove legislation enacted by the
General Assembly.
Referred to Committee on Constitutional Amendments.
By Representatives Britt, Paschall, Campbell of Wilson, and Taylor of Wake:
H. B. 510, a bill to be entitled an act to appropriate funds for the purchase
of additional land at Bentonville State Historic Site.
Referred to Committee on Appropriations.
By Representatives Lilley and Elliott:
H. B. 511, a bill to be entitled an act to appropriate funds for the develop-
ment and construction of a Museum- Visitor Center for the Confederate Gun-
boat C.S.S. Neuse.
Referred to Committee on Appropriations.
By Representatives Gentry and Short:
H. B. 512, a bill to be entitled an act to amend General Statutes 24-8 so as to
permit interest at an agreed upon rate not in excess of 9 % on certain loans to
corporations and real estate trusts between $30,000 and $100,000 and 10% on
loans in excess of $100,000.
Referred to Committee on Banks and Banking.
And,
H. B. 513, a bill to be entitled an act to amend General Statutes 24-10 relative
to 7% interest on residential loans so as to permit 8% interest on all real pro-
perty direct reduction loans.
Referred to Committee on Banks and Banking.
By Representative McKnight:
H. B. 514, a bill to be entitled an act to amend the insurance laws of North
Carolina so as to provide for the assignment of rights and interests in group
insurance and annuity contracts.
Referred to Committee on Insurance.
1969] HOUSE JOURNAL 337
By Representatives McKnight and Tolbert:
H. B. 515, a bill to be entitled an act to exempt from income tax a portion
of certain annuities purchased by charitable, etc., organizations or public schools.
Referred to Committee on Insurance.
By Representatives Twiggs, and Johnson of Wake:
H. B. 516, a bill to be entitled an act relating to the length of time the State
Fair in Raleigh shall run.
Referred to Committee on State Government.
By Representative Gregory:
H. B. 517, a bill to be entitled an act to provide for the codification and
printing of the Machinery Act, the same being Chapter 310 of the Public Laws
of 1939, as amended.
Referred to Committee on Finance.
And,
H. B. 518, a bill to be entitled an act to provide for the codification and print-
ing of the Revenue Act, the same being Chapter 158 of the Public Laws of 1939,
as amended.
Referred to Committee on Finance.
By Representatives Warlick and Beard:
H. B. 519, a bill to be entitled an act to amend Chapter 112 of the Session
Laws of 1967 relating to elections in the City of Newton.
Referred to Committee on Election Laws.
By Representative Taylor of Transylvania:
H. B. 520, a bill to be entitled an act to appoint two members to the Board
of Education of Swain County.
Referred to Committee on Education.
By Representatives Beatty, Soles, Lilley, and Johnson of Wake:
H. B. 521, a bill to be entitled an act providing for the registration of Land-
scape Architects.
Referred to Committee on Judiciary No. 1.
By Representative Leatherman:
H. B. 522, a bill to be entitled an act to amend General Statutes 115-36(A)
relating to the length of a school day in the public schools.
Referred to Committee on Education.
By Representative Andrews:
338 HOUSE JOURNAL [Session
H. B. 523, a bill to be entitled an act to amend Chapter 105 of the General
Statutes to provide limitations upon the use to be made of lists of employees
furnished tax collectors.
Referred to Committee on Judiciary No. 1.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 282, a bill to be entitled an act providing for the determination of the
tenure of office for members of the City Council of the City of Roanoke Rapids.
Referred to Committee on Local Government.
H. B. 381, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wake and Robeson Counties.
Returned for concurrence.
On motion of Representative Taylor of Wake the House concurs in the Senate
amendment and the bill is ordered enrolled.
S. B. 268, a bill to be entitled an act to authorize the governing board of the
City of Roxboro to make street and sidewalk improvements and to specially
assess the cost thereof without a petition.
Referred to Committee on Finance.
S. B. 278, a bill to be entitled an act to amend Chapter 36 of the Session Laws
of 1965 relating to the corporate limits of the Town of Farmville.
Referred to Committee on Local Government.
S. B. 238, a bill to be entitled an act to authorize the City of Lumberton to
levy and collect taxes within the areas of the city administrative unit which
are outside the corporate limits.
Referred to Committee on Finance.
S. B. 240, a bill to be entitled an act to amend Chapters 160 and 97 of the
General Statutes to authorize municipalities to establish auxiliary police de-
partments and to provide workmen's compensation benefits to the members
thereof.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 366, a bill to be entitled an act amending the Charter of the City of
New Bern in Craven County.
Passes its third reading as amended by the following vote and is ordered
engrossed and sent to the Senate.
1969] HOUSE JOURNAL 339
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Elliott,
Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson
of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny
of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speros, Stanford, Stevens, Stewart, Strickland,
Tart. Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs,
Vogler, Warlick, Watkins, Whitley, Williamson, and Wills — 116.
Those voting in the negative are: None.
H. B. 412, a bill to be entitled an act amending Chapter 552 Session Laws
of 1957, the same being the Charter of the Town of Jefferson, so as to extend
the corporate limits of said Town.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Elliott, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks,
Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson
of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of
Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speros, Stanford, Stevens, Stewart, Strickland,
Tart, Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs,
Vogler, Warlick, Watkins, Whitley, Williamson, and Wills — 116.
Those voting in the negative are: None.
H. B. 382, a bill to be entitled an act to fix the compensation of the Chairman
and Members of the Charlotte-Mecklenburg Board of Education.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 400, a bill to be entitled an act to amend General Statutes 153-48.3,
relating to the compensation of employees engaged in the County's ambulance
service in Pasquotank County.
340 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
H. B. 411, a bill to be entitled an act to authorize Pasquotank County to
enter into contracts for a retirement system.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 416, a bill to be entitled an act appointing the members of the Board
of Education of Whiteville City School Administrative Unit.
On motion of Representative Williamson consideration of the bill is post-
poned until Wednesday, April 2, 1969.
H. B. 419, a bill to be entitled an act amending Chapter 456 of the 1965
Session Laws relating to the salaries of certain officials of Pender County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 425, a bill to be entitled an act to authorize the governing body of the
Town of Red Springs, North Carolina, to appoint a City Manager and to pre-
scribe his powers and duties.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 225, a bill to be entitled an act to amend General Statutes 153-10.1 to
authorize the Board of County Commissioners of Johnston County to regulate
garbage disposal.
Passes its second and third readings and is ordered enrolled.
S. B. 236, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Clinton and to modify the application of General
Statutes 118-5, 118-6, and 118-7 to the City of Clinton.
Passes its second and third readings and is ordered enrolled.
H. B. 233, a bill to be entitled an act to require special reflective devices to be
displayed on the rear of slow-moving vehicles such as farm tractors and im-
plements of husbandry operated on highways between sunset and sunrise.
Passes its third reading as amended and is ordered engrossed and sent to the
Senate.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
Representative Mitchell offers an amendment.
Representative Johnson of Wake moves the amendment do lie upon the table.
This motion prevails.
Passes its third reading as amended and is ordered engrossed and sent to the
Senate.
S. B. 5, a bill to be entitled an act to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".
1969] HOUSE JOURNAL 341
On motion of Representative Hicks the amendment sent forward by him on
Monday, March 31, 1969, is withdrawn.
On motion of Representative Jones of Mecklenburg the amendment offered
by him on Monday, March 31, 1969, is withdrawn.
Representative Jones of Mecklenburg offers an amendment.
Representative Godwin of Craven offers an amendment.
Representative Troxell moves the bill and amendments do lie upon the table.
This motion fails.
Representative Johnson of Wake offers an amendment.
On motion of Representative Holshouser the rules are suspended in order to
consider the amendment offered by Representative Johnson of Wake.
Representative Johnson of Wake calls the previous question. The call is
sustained.
Now the question recurs to the adoption of the amendment offered by Re-
presentative Johnson of Wake. The amendment is adopted.
On motion of Representative Johnson of Wake the amendments offered by
Representative Jones of Mecklenburg and Representative Godwin of Craven
are laid upon the table.
Passes its third reading as amended and is ordered sent to the Senate for
concurrence in House amendment.
H. B. 268, a bill to be entitled an act to provide for the broadcasting of certain
public notices.
Representative Ramsey of Person offers an amendment which is adopted.
Passes its second reading as amended.
Representative Baugh objects to the third reading and the bill remains on
the Calendar.
H. J. R. 305, a joint resolution urging the Appropriations Committees to
fully review and act favorable upon the "B" Budget requests of the University
of North Carolina School of Medicine for the means to develop and expand
programs relating to community medical care, special education for North
Carolina students, and family physician education.
On motion of Representative Johnson of Duplin the bill is recommitted to
the Committee on Appropriations.
H. J. R. 306, a joint resolution authorizing and directing the Legislative
Research Commission to study North Carolina's Health Manpower needs,
measures to increase the supply, and means to accomplish indicated changes in
the health care system.
Passes its second and third readings and is ordered sent to the Senate.
342 HOUSE JOURNAL [Session
S. B. 177, a bill to be entitled an act amending General Statutes 153-9(35 %)
and 153-9(35 %) relating to the authority of Boards of County Commissioners
to expend nontax and tax revenues for soil and water conservation so as to
make said Statutes applicable to Caldwell County.
Passes its second and third readings and is ordered enrolled.
S. J. R. 198, a joint resolution urging the vocation guidance, recruitment and
encouragement of students to enter premedical and medical education.
Passes its second and third readings and is ordered enrolled.
S. J. R. 199, a joint resolution urging the three medical schools in the State
to increase their output of physicians.
On motion of Representative Eagles the bill is recommitted to the Com-
mittee on Appropriations.
S. J. R. 200, a joint resolution urging the strengthening of science and other
facets of premedical education.
On motion of Representative Eagles the bill is recommitted to the Committee
on Appropriations.
S. B. 215, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to permit blind voters to select assistance without restriction.
Passes its second and third readings and is ordered enrolled.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
SIXTY-SEVENTH DAY
House of Representatives
Wednesday, April 2, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
On motion of Representative Gregory, S. B. 106, entitled "a bill to be entitled
an act to provide for the certification of the existence and amounts of assess-
ment liens against real property." is withdrawn from the Committee on Finance
and re-referred to the Committee on Judiciary No. 1.
A leave of absence is granted Representatives Campbell of Mecklenburg,
Carson and Hicks for today.
1969] HOUSE JOURNAL 343
A leave of absence is granted Representative Barker for today, Thursday,
and Friday.
A leave of absence is granted Representative Snyder for today and tomorrow.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on the
Calendar, as follows:
By Representative Tart, for the Committee on Education:
H. B. 313, a bill to be entitled an act to add two new members to the Green-
ville City Board of Education and to provide that the City Council shall ap-
point members to said Board of Education without any recommendation from
such Board of Education.
With a favorable report.
H. B. 329, a bill to be entitled an act to provide for the election of the Hoke
County Board of Education.
With a favorable report.
H. B. 438, a bill to be entitled an act to amend General Statutes 115-126 so
as to authorize the Asheboro City Board of Education in Randolph County to
lease school facilities to the City of Asheboro for a term of twenty-five years.
With a favorable report.
H. B. 502, a bill to be entitled an act to increase the maximum number of
members of school committees to seven persons in Cumberland County.
With a favorable report.
H. B. 503, a bill to be entitled an act appointing certain members of Fairmont
City Board of Education.
With a favorable report.
S. B. 245, a bill to be entitled an act to amend Chapter 134 of the Session
Laws of 1967 relating to vacancies occurring on the Board of Trustees of the
Sanford Graded School District.
With a favorable report.
By Representative Gregory, for the Committee on Finance:
H. B. 323, a bill to be entitled an act to exempt nonprofit, nonstock member-
ship water corporations from ad valorem taxation in Burke County.
With an unfavorable report.
H. B. 404, a bill to be entitled an act to amend Chapter 118 of the General
Statutes, relating to the North Carolina Firemen's Pension Fund, so as to ex-
clude from gross income certain retirement benefits from the North Carolina
Firemen's Pension Fund.
344 HOUSE JOURNAL [Session
With a favorable report.
H. B. 431, a bill to be entitled an act authorizing a refund of sales taxes paid
by the First Baptist Church of Lexington.
With an unfavorable report.
S. B. 167, a bill to be entitled an act rewriting General Statutes 106-564.3
relating to assessments on cattle so as to provide for assessments on all cattle
sold.
With a favorable report.
S. B. 224, a bill to be entitled an act authorizing Johnston County to levy
Special Purpose Taxes for certain purposes.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Quinn, Johnson of Duplin and Mills:
H. B. 524, a bill to be entitled an act to re-codify and clarify Chapter 108 of
the General Statutes of North Carolina entitled, "Board of Public Welfare."
Referred to Committee on Public Welfare.
By Representatives Vogler, Baugh, Beatty, Campbell of Mecklenburg,
Carons, Hicks, and Jones of Mecklenburg:
H. B. 525, a bill to be entitled an act to amend Chapter 131, Sections 94 and
97, Article 12 of the General Statutes of North Carolina.
Referred to Committee on Judiciary No. 1.
And,
H. B. 526, a bill to be entitled an act to amend General Statutes 105-345 re-
lating to the prepayment of taxes and late interest charges in Mecklenburg
County and the City of Charlotte.
Referred to Committee on Local Government.
And,
H. B. 527, a bill to be entitled an act to amend General Statutes 143-129
relating to purchases by Mecklenburg County.
Referred to Committee on Local Government.
By Representatives Hege and Snyder:
H. B. 528, a bill to be entitled an act relating to substitute trustees under
Deeds of Trust, and providing for the validation of certain acts done by such
substitute trustees before April 1, 1969.
Referred to Committee on Judiciary No. 2.
1969] HOUSE JOURNAL 345
By Representative McMillan of Robeson:
H. B. 529, a bill to be entitled an act to amend General Statutes 18-37 and
18-38 relating to the State Board of Alcoholic Control and the Director of the
Board.
Referred to Committee on Alcoholic Beverage Control.
By Representative Mohn:
H. B. 530, a bill to be entitled an act to furnish standards to administrative
officers of State supported institutions of higher learning in making evaluations
of guest speakers.
Referred to Committee on Higher Education.
By Representative Covington:
H. B. 531, a bill to be entitled an act enabling Richmond County to hold a
special election for the purpose of considering whether the County shall or
shall not impose and levy a sales and use tax of one per cent upon the sale, use
and other taxable transactions upon which the State now imposes a three per
cent sales and use tax.
Referred to Committee on Finance.
By Representatives Bryan, Rose, Raynor and Carter:
H. B. 532, a bill to be entitled an act to establish Liberty Point in Fayette-
ville as a State historic site and to appropriate funds for certain purposes re-
lating thereto.
Referred to Committee on Appropriations.
By Representative Carter:
H. B. 533, a bill to be entitled an act to allow Wildlife Protectors to transfer
membership in the Teachers' and State Employees' Retirement System to the
Law Enforcement Officers' Benefit and Retirement Fund.
Referred to Committee on State Personnel.
By Representatives DeBruhl, Harkins, Royall, McKnight, Penton, Snead,
Auman, Stanford, and Campbell of Robeson:
H. B. 534, a bill to be entitled an act to amend Chapter 18 of the General
Statutes to establish a system of control of the consumption of alcoholic bever-
ages through licensing of on-premises sale thereof.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Tart, Barbee and McMillan of Robeson:
H. B. 535, a bill to be entitled an act to authorize the State Board of Edu-
cation and local Boards of Education to engage in educational research and
special educational projects.
346 HOUSE JOURNAL [Session
Referred to Committee on Education.
And,
H. B. 536, a bill to be entitled an act to authorize the State Board of Edu-
cation to establish a program of individualized instruction for children in the
public schools.
Referred to Committee on Education.
And,
H. B. 537, a bill to be entitled an act providing for the entry of the State into
an interstate agreement on certification of educational personnel.
Referred to Committee on Education.
By Representatives Jones of Rutherford, Falls and Mauney:
H. B. 538, a bill to be entitled an act to fix the salary of the Register of Deeds
of Rutherford County.
Referred to Committee on Local Government.
And,
H. B. 539, a bill to be entitled an act to fix the salary of the Sheriff of Ruther-
ford County.
Referred to Committee on Local Government.
By Representative Auman:
H. B. 540, a bill to be entitled an act to amend General Statutes 160-70 so as
to clarify the status of county and municipal library employees.
Referred to Committee on Library.
By Representatives Wills and McKnight:
H. B. 541, a bill to be entitled an act to amend General Statutes 105-164.4(4)
so as to exempt coin-operated laundries from the retail sales tax.
Referred to Committee on Finance.
By Representatives Barbee, Eagles and Fenner:
H. B. 542, a bill to be entitled an act to revise and consolidate the Charter
of the Town of Nashville, North Carolina.
Referred to Committee on Local Government.
By Representative McMichael:
H. B. 543, a bill to be entitled an act to amend General Statutes 115-166 so
as to increase compulsory school age to eighteen.
Referred to Committee on Education.
By Representatives Burrus and Roberson:
1969] HOUSE JOURNAL 347
H. B. 544, a bill to be entitled an act to provide for the nomination, election
and terms of office of members of the Washington County Board of Education.
Referred to Committee on Education.
SPECIAL MESSAGE FROM THE SENATE
Senate Chamber
April 2, 1969
Mr. Speaker:
It is ordered that a message be sent your Honorable Body requesting that
S. B. 115 "A bill to be entitled an act providing the City of Albemarle, North
Carolina, alternative methods of assessing the cost of extending water and
sewer lines", be returned for further consideration by the Senate.
Respectfully,
S/ Roy Rowe
Principal Clerk
Pursuant to the above request the bill is returned to the Senate.
message from the senate
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 255, a joint resolution requesting the Department of Motor Vheicles
to change the numbering system currently employed in the issuance of official
automobile registration plates to members of the General Assembly.
Referred to Committee on Highway Safety.
S. B. 301, a bill to be entitled an act to amend General Statutes 105-449 to
provide an exemption from the State gasoline tax of motor fuels used in non-
profit, non-public school transportation.
Referred to Committee on Finance.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 412, a bill to be entitled an act amending Chapter 552, Session Laws of
1957, the same being the Charter of the Town of Jefferson, so as to extend the
corporate limits of said town.
Passes its third reading by the following vote and is ordered sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Bostian,
Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Robeson, Campbell
of Wilson, Carter, Chase, Church, Clark, Coble, Collins, Covington, Culpepper,
DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner, Fulton, Garner, Gentry,
Godwin of Craven, Godwin of Gates, Green, Gregory, Harris, Haynes, Hege,
348 HOUSE JOURNAL [Session
Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson
of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Martin, Mauney, Mayfield, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison,
Ramsey of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree,
Royall, Snead, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler,
Warlick, Watkins, Whitley, Williamson and Wills — 109.
Those voting in the negative are: None.
H. B. 416, a bill to be entitled an act appointing the members of the Board
of Education of Whiteville City School Administrative Unit.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 453, a bill to be entitled an act prohibiting the discharge of firearms
on or across any highway in Haywood County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 268, a bill to be entitled an act to provide for the broadcasting of certain
public notices.
Representative Baugh offers an amendment which is adopted.
Representative Baugh offers a further amendment which is adopted.
Passes its third reading as amended and is ordered engrossed and sent to
the Senate.
H. B. 251, a bill to be entitled an act to clarify provisions of Chapter 20 of
the General Statutes concerning private and parochial school buses and school
activity buses.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 405, a bill to be entitled an act to amend General Statutes 118-20 so
as to make the State Personnel Act applicable to the Secretary of the North
Carolina Firemen's Pension Fund.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 73, a bill to be entitled an act to amend General Statutes 20-7(f) to
permit a person temporarily residing outside North Carolina to renew an oper-
ator's license by mail.
On motion of Representative Bryan, the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered sent to the
Senate for concurrence in House amendment.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
1969] HOUSE JOURNAL 349
SIXTY-EIGHTH DAY
House of Representatives
Thursday, April 3, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House , reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
On motion of Representative Snead, the rules are suspended so that he may
approach the well of the House and introduce a guest. Representative Snead
presents Mr. F. P. Fensel, President of the North Carolina Azalea Festival who
invited the members to come to Wilmington on Thursday, Friday and Saturday
— April 10th through April 12th — to attend the Festival. Mr. Fensel also
presents Miss Janet Evans, Teen-Age Princess of Wilmington who will be a
hostess during the Festival.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
L. J. Phipps, a former member of the House from Orange County.
On motion of Representative Twiggs, H. B. 487, entitled "a bill to be entitled
an act to bring General Statutes 163-153(2) in conformance with General
Statutes 163-45." and H. B. 488, entitled "a bill to be entitled an act to remove
the local modification to General Statutes 163-69 as applicable to Wake
County." are withdrawn from the Committee on Judiciary No. 2 and re-refer-
red to the Committee on Election Laws.
A leave of absence is granted Representatives Barr and Beard for tomorrow.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar as follows:
By Representative Euliss, for the Committee on Corporations:
Committee Substitute for H. B. 208, a bill to be entitled an act to create
Chapter 55B of the General Statutes relating to the formation of corporations
by persons duly licensed to render professional services, and defining the powers
and responsibilities of such corporations and its members.
With an unfavorable report as to committee substitute bill, favorable as to
committee substitute to committee substitute bill.
On motion of Representative Euliss, the substitute bill is adopted.
On motion of Representative Euliss, the bill is placed on the Calendar for
Tuesday, April 8, 1969.
350 HOUSE JOURNAL [Session
H. B. 403, a bill to be entitled an act to implement Chapter 55B of the General
Statutes relating to professional corporations, by amending certain other acts
to conform.
With a favorable report.
On motion of Representative Euliss, the bill is placed on the Calendar for
Tuesday, April 8, 1969.
By Representative Chase, for the Committee on Health:
H. B. 307, a bill to be entitled an act to appropriate $127,554.00 to the Uni-
versity of North Carolina to establish a Professor of Family Medicine at the
School of Medicine.
With a favorable report as amended.
On motion of Representative Chase, the bill is recommitted to Committee on
Appropriations.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 160, a bill to be entitled an act to amend Chapters 14 and 15 of the
General Statutes so as to abolish capital punishment.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Hofler, the substitute bill is adopted.
On motion of Representative Hofler, the bill is placed on the Calendar for
Tuesday, April 8, 1969.
By Representative Auman, for the Committee on Library:
H. B. 143, a bill to be entitled an act to appropriate additional funds to
maintain, improve, stimulate, increase and expend local public library facilities
and operations in the State of North Carolina.
With a favorable report.
On motion of Representative Auman, the bill is recommitted to Committee on
Appropriations.
H. B. 540, a bill to be entitled an act to amend General Statutes 160-70 so as
to clarify the status of county and municipal library employees.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 178, a bill to be entitled an act authorizing the Board of Commissioners
for the County of Transylvania to fix the fees to be paid to the jailer for said
County.
With a favorable report.
1969] HOUSE JOURNAL 351
H. B. 209, a bill to be entitled an act to amend the Constitution of North
Carolina to prohibit any newly incorporated city or town from including any
area within one mile of any existing incorporated city or town.
With an unfavorable report.
H. B. 317, a bill to be entitled an act to provide that no municipality may
incorporate or annex area within one mile of the corporate limits of an existing
municipality.
With an unfavorable report.
H. B. 343, a bill to be entitled an act to direct the Board of County Com-
missioners of Rutherford County to invest the care, custody and control of the
County Jail in the Sheriff of the County.
With a favorable report.
H. B. 344, a bill to be entitled an act to direct the Board of County Com-
missioners of Polk County to invest the care, custody and control of the County
Jail in the Sheriff of the County.
With a favorable report.
H. B. 355, a bill to be entitled an act to amend Chapter 26 of the private
laws of 1935 affecting local schools in Davidson County.
With an unfavorable report.
H. B. 401, a bill to be entitled an act to prohibit the incorporation of any city
or town within one mile of any other city or town.
With a favorable report.
H. B. 424, a bill to be entitled an act to amend the Charter of the City of
Hickory to provide for the appointment of a special registration commissioner
for City elections.
With a favorable report.
H. B. 427, a bill to be entitled an act to redefine and extend the corporate
limits of the Town of Plymouth, Washington County, North Carolina.
With a favorable report.
H. B. 443, a bill to be entitled an act to change the style of the Town of
Raeford to the City of Raeford and to change the name of the Board of Com-
missioners to the City Council.
With a favorable report.
H. B. 444, a bill to be entitled an act to include Cumberland in the provisions
for removal and disposal of trash and in the provisions regarding special as-
sessments for water and sewer facilities.
With a favorable report.
H. B. 448, a bill to be entitled an act fixing the compensation of the Sheriff,
Auditor and Register of Deeds of New Hanover County.
352 HOUSE JOURNAL [Session
With a favorable report.
H. B. 450, a bill to be entitled an act to extend the town limits of the Town
of Robersonville in Martin County.
With a favorable report.
H. B. 455, a bill to be entitled an act to repeal the Charter of the Town of
West Bladenboro.
With a favorable report.
H. B. 457, a bill to be entitled an act to repeal Chapter 355 of the Public-
Local Laws of 1941 relating to elections in the Town of Aurora.
With a favorable report.
H. B. 458, a bill to be entitled an act to make Chapter 504 of the Session Laws
of 1965 relating to historic buildings and sites, applicable to the City of Wilming-
ton.
With a favorable report.
H. B. 462, a bill to be entitled an act to fix the salary of the Register of Deeds
of Haywood County.
With a favorable report.
S. B. 243, a bill to be entitled an act pertaining to the salaries of the Sheriff
and Register of Deeds of Cherokee County.
With a favorable report.
S. B. 250, a bill to be entitled an act to amend Chapter 684 of the Session
Laws of 1947 relating to the Charter of the City of King's Mountain.
With a favorable report.
By Representative Mills for the Committee on Roads:
H. B. 485, a bill to be entitled an act to amend General Statutes 136-1 re-
lating to the membership of the State Highway Commission.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Britt and Phillips:
H. B. 545, a bill to be entitled an act to amend the Constitution of North
Carolina to empower the voters to elect the Governor and Lieutenant Gover-
nor for two consective terms.
Referred to Committee on Constitutional Amendments.
By Representatives Soles and Williamson:
1969] HOUSE JOURNAL 353
H. B. 546, a bill to be entitled an act to authorize the Boards of Commissioners
for Brunswick and Columbus Counties to compensate constables for duties
performed.
Referred to Committee on Local Government.
By Representatives Boshamer and Godwin of Craven:
H. B. 547, a bill to be entitled an act to amend the Charter of the Town of
Cape Carteret with reference to the election and meetings of the Board of Com-
missioners.
Referred to Committee on Local Government.
By Representative Mayfield:
H. B. 548, a bill to be entitled an act enabling Henderson County to hold a
special election for the purpose of considering whether the county shall or shall
not impose and levy a sales and use tax of one per cent upon the sale, use and
other taxable transactions upon which the State now imposes a three per cent
sales and use tax.
Referred to Committee on Finance.
By Representatives Godwin of Craven, Barker and Boshamer:
H. B. 549, a bill to be entitled an act relating to the compensation of the
Chairman and members of the Board of Education of Craven County.
Referred to Committee on Local Government.
By Representatives Reid and Rountree:
H. B. 550, a bill to be entitled an act to authorize the Greenville City Board
of Education of Pitt County, North Carolina, to appropriate and make available
to East Carolina University the sum of One Hundred Thousand Dollars
($100,000.00) for furnishing and equipping a new elementary laboratory school
and to authorize the Board to convey to East Carolina University a tract of
land on which to build and locate a new elementary laboratory school.
Referred to Committee on Higher Education.
By Representative Watkins:
H. B. 551, a bill to be entitled an act to provide for disciplinary action by
trustees and administrative officers of public educational institutions against
students and employees thereof who obstruct or disrupt the operation of such
institutions.
Referred to Committee on Higher Education.
By Representative Johnson of Wake:
H. B. 552, a bill to be entitled an act to provide an emergency appropriation
from the General Fund for the purpose of supplementing the appropriation to
North Carolina State University at Raleigh for the construction of a Nuclear
Science and Engineering Research Center.
354 HOUSE JOURNAL [Session
Referred to Committee on Appropriations.
By Representatives Penton and Snead:
H. B. 553, a bill to be entitled an act to authorize settlement of taxes by the
City of Wilmington and the County of New Hanover on property owned by the
Wilmington Pony League, Inc., Wilmington, North Carolina.
Referred to Committee on Finance.
By Representatives Warlick and Beard:
H. B. 554, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Catawba County, to pre-
scribe regulations relating to the listing of property for taxation in that County,
and to authorize the division or combining of townships for tax listing purposes.
Referred to Committee on Local Government.
By Representatives Mayfield and Coble:
H. B. 555, a bill to be entitled an act to create a presumption that the driver
of a motor vehicle from which trash is dropped upon a highway is guilty of a
violation of General Statutes 14-399.
Referred to Committee on Judiciary No. 1.
By Representative Leatherman:
H. B. 556, a bill to be entitled an act to validate the special bond election
held in the Town of Lincolnton, North Carolina, on January 14, 1969.
Referred to Committee on Local Government.
By Representatives Payne, Auman, Baugh, Beam, Beard, Beatty, Billings,
Blake, Boger, Boshamer, Bostian, Bryan, Bumgardner, Campbell of Mecklen-
burg, Carson, Church, Coble, Covington, Fenner, Frye, Fulton, Garner, Haynes,
Hege, Holshouser, Jemison, Johnson of Cabarrus, Jones of Mecklenburg, Jones
of Rutherford, Kincaid, Lilley, Mayfield, McDaniel, Messer, Mitchell, Mohn,
Moore, Penton, Phillips, Rhyne, Ridenour, Roberson, Rountree, Short, Soles,
Speros, Stewart, Strickland, Tart, Taylor of Wake, Tolbert, Troxell, Twiggs,
Warlick, Whitley, Williamson, and Wills:
H. B. 557, a bill to be entitled an act to amend the General Statutes of North
Carolina relating to the assignment of pupils and employees on public school
buses so as to prohibit assignments in excess of the seating capacity of the
public school buses.
Referred to Committee on Education.
By Representative Bradley:
H. B. 558, a bill to be entitled an act to authorize the Town of Highlands in
Macon County to make appropriations from nontax funds for certain public
purposes.
Referred to Committee on Local Government.
1969] HOUSE JOURNAL 355
MESSAGE PROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 244, a bill to be entitled an act to authorize the transfer of county
prisoners to the State Department of Correction when county jail facilities are
insufficient and inadequate, and to authorize the Council of State to assist the
counties in paying the cost thereof in certain cases.
Referred to Committee on Judiciary No. 2.
H. B. Ill, a bill to be entitled an act to amend General Statutes 20-20 to
clarify the same relative to a chauffeur's license.
Returned for concurrence.
On motion of Representative Paschall, the House concurs in the Senate
amendment and the bill is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 224, a bill to be entitled an act authorizing Johnston County to levy
special purpose taxes for certain purposes.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Elliott,
Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of
Craven, Godwin of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege,
Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus,
Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones of Ruther-
ford, Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, Mc-
Fadyen, McKnight, McMillan of Robeson, McMillan of Wake, Messer, Mills,
Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton,
Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and
Wills — 112.
Those voting in the negative are: None.
Representative Mitchell votes "Present".
H. B. 313, a bill to be entitled an act to add two new members to the Green-
ville City Board of Education and to provide that the City Council shall appoint
members to said Board of Education without any recommendation from such
Board of Education.
356 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
H. B. 329, a bill to be entitled an act to provide for the election of the Hoke
County Board of Education.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 438, a bill to be entitled an act to amend General Statutes 115-126 so
as to authorize the Asheboro City Board of Education in Randolph County to
lease school facilities to the City of Asheboro for a term of twenty-five years.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 502, a bill to be entitled an act to increase the maximum number of
members of school committees to seven persons in Cumberland County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 503, a bill to be entitled an act appointing certain members of Fairmont
City Board of Education.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 245, a bill to be entitled an act to amend Chapter 134 of the Session
Laws of 1967 relating to vacancies occurring on the Board of Trustees of the
Sanford Graded School District.
Passes its second and third readings and is ordered enrolled.
H. B. 404, a bill to be entitled an act to amend Chapter 118 of the General
Statutes relating to the North Carolina Firemen's Pension Fund, so as to ex-
clude from gross income certain retirement benefits from the North Carolina
Firemen's Pension Fund.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 167, a bill to be entitled an act rewriting General Statutes 106-564.3
relating to assessments on cattle so as to provide for assessments on all cattle
sold.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. J. R. 207. A Joint Resolution establishing a Wake County Bi-centennial
Commission.
H. J. R. 467. A Joint Resolution congratulating and commending the Red
Springs High School's basketball team for their performance and sportsman-
ship in winning the State 1-A Conference Basketball Championship.
H. J. R. 492. A Joint Resolution in commemoration of the life and passing
of Dwight David Eisenhower, Soldier, President, and revered citizen of world
history.
1969] HOUSE JOURNAL 357
S. B. 71. An Act reducing the term of office of the Asheville City Council
to two years.
S. B. 162. An Act to authorize the Thomasville City Board of Education
to acquire certain land for a school site and to authorize purchase and payment
of same on an installment basis.
S. B. 209. An Act to amend General Statutes 153-5 to provide for staggered
terms of office for the County Commissioners of Onslow County.
S. B. 231. An Act extending the jurisdiction of the police officers of the City
of Morganton in Burke County.
S. B. 232. An Act to establish a Supplementary Pension Fund for Firemen
in the Town of Elkin.
S. B. 241. An Act authorizing the Wilkes County Board of Education to
convey certain real property.
H. B. 49. An Act to authorize County Boards of Elections to conduct a new
registration of voters during the year 1969 pursuant to installing loose-leaf re-
gistration as required by General Statutes 163-65.
H. B. 282. An Act to eliminate the requirements that not less than two mem-
bers of the Board of Education of the Asheboro City Administrative Unit
reside in territory outside the City of Asheboro.
S. J. R. 315. A Joint Resolution honoring the life and memory of the Honor-
able Dwight David Eisenhower, former President of the United States.
S. J. R. 198. A Joint Resolution urging the vocation guidance, recruitment
and encouragement of students to enter premedical and medical education.
H. B. 381. An Act to provide for the removal of unauthorized motor vehicles
from private parking lots in Wake and Robeson Counties.
S. B. 177. An Act amending General Statutes 153-9(35^) and 153-9(35%)
relating to the authority of Boards of County Commissioners to expend nontax
and tax revenues for soil and water conservation so as to make said Statutes
applicable to Caldwell County.
S. B. 215. An Act to amend Chapter 163 of the General Statutes so as to
permit blind voters to select assistance without restriction.
S. B. 225. An Act to amend General Statutes 153-10.1 to authorize the
Board of County Commissioners of Johnston County to regulate garbage dis-
posal.
S. B. 236. An Act to provide a supplemental retirement fund for firemen in
the City of Clinton and to modify the application of General Statutes 118-5,
118-6, and 118-7 to the City of Clinton.
H. B. 30. An Act to amend Chapter 105 of the General Statutes, relating to
income tax, so as to exclude from gross income certain local law enforcement
officers' retirement benefits.
358 HOUSE JOURNAL [Session
H. B. 330. An Act to amend General Statutes 20-183.8 to allow thirty day-
grace period for expired auto inspection certificates and to authorize one way
trip permits to allow uninspected vehicles to travel to nearby inspection stations.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 10 o'clock A. M.
SIXTY-NINTH DAY
House of Representatives
Friday, April 4, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Falls, Green, Ramsey of Person,
and Snyder for today.
This day, April 4, 1969, being Good Friday, and the time set by the House
for worship service, Mr. Speaker Vaughn announces a recess of the House in
order that the members and legislative employees may join in the service.
The Committee, heretofore appointed, offers the following service:
NORTH CAROLINA GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
GOOD FRIDAY SERVICE
April 4, 1969
10:00 A.M.
CALL TO WORSHIP
HYMN "Crown Him With Many Crowns"
(Verses 1 and 4)
PRAYER Dr. Robert F. McKee
Bethel Methodist Church
Bethel, N. C.
SPECIAL MUSIC "Hymn of the Last Supper"
By Victoria Demarist
Mrs. Kay Humphery, Soloist
Mrs. Key Burns, Accompanist
SCRIPTURE READING Rep. C.W.Phillips
MEDITATION The Rev. Collins Kilburn
BENEDICTION
1969] HOUSE JOURNAL 359
GOOD FRIDAY SERVICE COMMITTEE
Rep. R. D. McMillan, Chairman
Rep. J. F. Mohn
The Rev. Collins Kilburn
Mrs. C. H. Pritchard
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Johnson of Wake, for the Committee on Appropriations:
H. B. 552, a bill to be entitled an act to provide an emergency appropriation
from the General Fund for the purpose of supplementing the appropriation
to North Carolina State University at Raleigh for the construction of a Nuclear
Science and Engineering Research Center.
With a favorable report.
By Representative Gentry, for the Committee on Election Laws:
Senate Committee Substitute for H. B. 174, a bill to be entitled an act to
amend General Statutes 163-30 and General Statutes 163-31 regarding the oath
of office and the time of the meeting of County Boards of Elections.
With a favorable report.
H. B. 519, a bill to be entitled an act to amend Chapter 112 of the Session
Laws of 1967 relating to elections in the City of Newton.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 417, a bill to be entitled an act to amend Chapter 740 of the Session
Laws of 1965 so as to make certain changes therein applicable to Forsyth
County.
With a favorable report, as amended.
H. B. 463, a bill to be entitled an act to amend the Charter of the Town of
Forest City, Chapter 2 of the Private Laws of 1925.
With a favorable report.
On motion of Representative Ramsey of Madison the rules are suspended
and the bill is placed on today's Calendar.
H. B. 464, a bill to be entitled an act authorizing the Board of Commissioners
of the Town of Forest City in Rutherford County to regulate water, sewer,
electric and other town utilities.
With an unfavorable report.
360 HOUSE JOURNAL [Session
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemetery property and perpetual care funds to religious and chari-
table organizations.
With a favorable report.
S. B. 240, a bill to be entitled an act to amend Chapters 160 and 97 of the
General Statutes to authorize municipalities to establish auxiliary police de-
partments and to provide workmen's compensation benefits to the members
thereof.
With a favorable report.
S. B. 249, a bill to be entitled an act relating to the clerk to the board of county
commissioners.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Johnson of Duplin:
H. B. 559, a bill to be entitled an act to clarify the small watershed laws with
respect to project maintenance in Duplin, Pender, and Sampson Counties.
Referred to Committee on Conservation and Development.
By Representatives Roberson and Burrus:
H. B. 560, a bill to be entitled an act to appropriate funds for the Belhaven
Memorial Museum.
Referred to Committee on Appropriations.
By Representatives McDaniel, Jemison, Horton, McKnight and Wills:
H. B. 561, a bill to be entitled an act to amend Chapter 47 of the Session Laws
of 1963, being the Charter of the Town of Kernersville.
Referred to Committee on Local Government.
By Representatives Britt, and Campbell of Wilson:
H. B. 562, a bill to be entitled an act to amend the Constitution of North
Carolina to provide for a reassignment of the Escheats.
Referred to Committee on Constitutional Amendments.
By Representative Britt:
H. B. 563, a bill to be entitled an act extending the time for municipal govern-
ing boards to fix their own compensation in 1969.
Referred to Committee on Local Government.
And,
1969] HOUSE JOURNAL 361
H. B. 564, a bill to be entitled an act relating to the compensation and allow-
ances of the Board of Commissioners of the Town of Clayton.
Referred to Committee on Local Government.
By Representative Gregory:
H. B. 565, a bill to be entitled an act to provide special tax refunds to senior
citizens of North Carolina whose financial resources are limited.
Referred to Committee on Finance.
By Representative Euliss:
H. B. 566, a bill to be entitled an act to provide supplemental retirement
funds for firemen in the City of Burlington and to modify the application of
General Statutes 118-5, General Statutes 118-6, and General Statutes 118-7
to the City of Burlington.
Referred to Committee on Local Government.
By Representatives Phillips and Jernigan:
H. B. 567, a bill to be entitled an act to amend the Constitution of North
Carolina so as to require that Judges and Solicitors be licensed attorneys and
to require the General Assembly to establish a mandatory retirement age for
Judges and procedures for the disciplining and removal of Judicial officers.
Referred to Committee on Constitutional Amendments.
By Representatives Andrews, Britt, Jernigan, and Phillips:
H. B. 568, a bill to be entitled an act to amend the Constitution of North
Carolina to require the General Assembly to reduce the State Administrative
Department to 25 and to authorize the Governor to reorganize the Admini-
strative Departments subject to legislative approval.
Referred to Committee on Constitutional Amendments.
By Representatives Beam, Stevens, DeBruhl, and Harkins:
H. B. 569, a bill to be entitled an act to appropriate funds for the historic
Carson House in McDowell County.
Referred to Committee on Appropriations.
By Representatives Reid and Rountree:
H. B. 570, a bill to be entitled an act to amend Chapter 79 of the Session Laws
of 1965 to change the time of election in the Town of Ayden.
Referred to Committee on Local Government.
By Representatives Andrews, Britt, Jernigan, and Phillips:
H. B. 571, a bill to be entitled an act to amend the Constitution of North
Carolina to authorize trial upon information and the waiver of jury trial in
noncapital cases, subject to regulations prescribed by the General Assembly.
Referred to Committee on Constitutional Amendments.
362 HOUSE JOURNAL [Session
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 65, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to permit voting precincts to include voters from one or more
townships.
Referred to Committee on Election Laws.
H. B. 416, a bill to be entitled an act appointing the members of the Board
of Education of Whiteville City School Administrative Unit.
Returned for concurrence.
On motion of Representative Williamson the House concurs in the Senate
amendment and the bill is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
S. B. 224, a bill to be entitled an act authorizing Johnston County to levy
special purpose taxes for certain purposes.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Baugh, Beam, Billings, Blake, Boger, Boshamer, Bostian, Bradley,
Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of
Robeson, Campbell of Wilson, Carter, Chase, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Fenner, Frye,
Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Horton, Jemison, Jernigan, Johnson of
Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones
of Rutherford, Kincaid, Leatherman, Lilley, Love, Mauney, McDaniel, Mc-
Fayden, McKnight, McMillan of Robeson, McMillan of Wake, Messer, Mills,
Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett,
Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor, Reid, Rhyne,
Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son, and Wills — 105.
Those voting in the negative are: None.
H. B. 427, a bill to be entitled an act to redefine and extend the corporate
limits of the Town of Plymouth, Washington County, North Carolina.
Passes it second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Baugh, Beam, Billings, Blake, Boger, Boshamer, Bostian, Bradley,
Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of
Robeson, Campbell of Wilson, Carter, Chase, Church, Clark, Coble, Collins,
1969] HOUSE JOURNAL 363
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Fenner, Frye,
Fulton, Garner, Gentry, Godwin of Craven, Godwin of Gates, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Horton, Jemison, Jernigan, Johnson of
Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg, Jones
of Rutherford, Kincaid, Leatherman, Lilley, Love, Mauney, McDaniel, Mc-
Fadyen, McKnight, McMillan of Robeson, McMillan of Wake, Messer, Mills,
Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett,
Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor, Reid, Rhyne,
Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros,
Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor
of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, William-
son, and Wills — 105.
Those voting in the negative are: None.
H. B. 178, a bill to be entitled an act authorizing the Board of Commissioners
for the County of Transylvania to fix the fees to be paid to the jailer for said
County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 343, a bill to be entitled an act to direct the Board of County Com-
missioners of Rutherford County to invest the care, custody and control of the
County Jail in the Sheriff of the County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 344, a bill to be entitled an act to direct the Board of County Com-
missioners of Polk County to invest the care, custody and control of the County
Jail in the Sheriff of the County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 424, a bill to be entitled an act to amend the Charter of the City of
Hickory to provide for the appointment of a special registration commissioner
for City elections.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 443, a bill to be entitled an act to change the style of the Town of Rae-
ford to the City of Raeford and to change the name of the Board of Commis-
sioners to the City Council.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 444, a bill to be entitled an act to include Cumberland in the provisions
for removal and disposal of trash and in the provisions regarding special as-
sessments for water and sewer facilities.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 448, a bill to be entitled an act fixing the compensation of the Sheriff,
Auditor and Register of Deeds of New Hanover County.
Passes its second and third readings and is ordered sent to the Senate.
364 HOUSE JOURNAL [Session
H. B. 450, a bill to be entitled an act to extend the town limits of the Town of
Robersonville in Martin County.
On motion of Representative Everett consideration of the bill is postponed
until Monday, April 7, 1969.
H. B. 455, a bill to be entitled an act to repeal the Charter of the Town of
West Bladenboro.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 457, a bill to be entitled an act to repeal Chapter 355 of the Public-
Local Laws of 1941 relating to elections in the Town of Aurora.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 458, a bill to be entitled an act to make Chapter 504 of the Session Laws
of 1965, relating to historic buildings and sites, applicable to the City of Wil-
mington.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 462, a bill to be entitled an act to fix the salary of the Register of Deeds
of Haywood County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 463, a bill to be entitled an act to amend the Charter of the Town of
Forest City, Chapter 2 of the Private Laws of 1925.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 243, a bill to be entitled an act pertaining to the salaries of the Sheriff
and Register of Deeds of Cherokee County.
Passes its second and third readings and is ordered enrolled.
S. B. 250, a bill to be entitled an act to amend Chapter 684 of the Session
Laws of 1947 relating to the Charter of the City of Kings Mountain.
Passes its second and third readings and is ordered enrolled.
H. B. 401, a bill to be entitled an act to prohibit the incorporation of any city
or town within one mile of any other city or town.
On motion of Representative Reid the bill is recommitted to the Committee
on Judiciary No. 2.
H. B. 485, a bill to be entitled an act to amend General Statutes 136-1 re-
lating to the membership of the State Highway Commission.
Passes its second reading.
Representative Taylor of Transylvania objects to the third reading and the
bill remains on the Calendar.
H. B. 540, a bill to be entitled an act to amend General Statutes 160-70 so
as to clarify the status of county and municipal library employees.
I asses its second and third readings and is ordered sent to the Senate.
1969] HOUSE JOURNAL 365
On motion of Representative Frye, duly seconded, the House adjourns in
honor and memory of the life of Dr. Martin Luther King.
SEVENTIETH DAY
House op Representatives
Saturday, April 5, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Taylor of Wake, designated by Mr. Speaker Vaughn as Speaker Pro
Tempore.
Prayer is offered by Mr. Joe Moore, Sergeant-at-Arms Staff.
Representative Twiggs, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
On motion of Representative Johnson of Wake, duly seconded, the House
adjourns to meet Monday night at 8 o'clock.
SEVENTY-FIRST DAY
House of Representatives
Monday night, April 7, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of Saturday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Elliott, and Johnson of Cabarrus
for tonight.
A leave of absence is granted Representatives Auman and Church for Tues-
day, April 8, 1969.
An indefinite leave of absence due to illness is granted Representatives God-
win of Craven and Snyder.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
366 HOUSE JOURNAL [Session
H. B. 340, a bill to be entitled an act amending General Statutes 14-111.2
relating to obtaining ambulance services without intending to pay therefor, so
as to make the same applicable to Catawba County.
With a favorable report, as amended.
H. B. 341, a bill to be entitled an act amending General Statutes 14-111.3
relating to making false ambulance requests, so as to make the same applicable
to Catawba County.
With an unfavorable report.
S. B. 112, a bill to be entitled an act to provide for the creation of a tenancy
by the entirety in the division of land.
With a favorable report.
S. B. 120, a bill to be entitled an act to amend the Federal Tax Lien Regi-
stration Act to comply with the Federal Tax Lien Act of 1966.
With a favorable report.
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
With a favorable report, as amended.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Roberson and Burrus:
H. B. 572, a bill to be entitled an act to amend Chapter 1097 of the Session
Laws of 1967 relating to the compensation of the Board of Commissioners of
Tyrell County.
Referred to Committee on Local Government.
And,
H. B. 573, a bill to be entitled an act to prohibit the hunting or taking of bear
in Tyrell County.
Referred to Committee on Wildlife.
By Representative Speros:
H. B. 574, a bill to be entitled an act to authorize the governing body of the
Town of Fairmont, North Carolina, to appoint a City Manager and to pre-
scribe his powers and duties.
Referred to Committee on Local Government.
By Representative Mayfield:
1969] HOUSE JOURNAL 367
H. B. 575, a bill to be entitled an act to provide for the appointment of mem-
bers of the City Board of Education of Hendersonville, and to fix their term
of office.
Referred to Committee on Education.
And,
H. B. 576, a bill to be entitled an act to authorize the issuance of school
building bonds and notes in behalf of the Hendersonville City Administrative
Unit as a special bond tax unit and the levy of taxes within such unit for the
payment of the principal and interest of such bonds and notes.
Referred to Committee on Finance.
And,
H. B. 577, a bill to be entitled an act to authorize the issuance of school
building bonds and notes in behalf of the Henderson County administrative
unit as a special bond tax unit and the levy of taxes within such unit for the
payment of the principal and interest of such bonds and notes.
Referred to Committee on Finance.
By Representatives Barker, Boshamer, and Godwin of Craven:
H. B. 578, a bill to be entitled an act to amend Chapter 1281 of the 1957
Session Laws relating to the Charter of the City of New Bern in Craven County.
Referred to Committee on Local Government.
By Representative Stanford:
H. B. 579, a bill to be entitled an act to amend Chapter 1193 of the Session
Laws of 1967 authorizing the Town of Chapel Hill to exchange certain real
estate.
Referred to Committee on Local Government.
And,
H. B. 580, a bill to be entitled an act to authorize the Town of Chapel Hill
to establish an off-street parking fund.
Referred to Committee on Local Government.
By Representatives Watkins, Stevens and Carson:
H. B. 581, a bill to be entitled an act to allow judges to issue limited driving
permits to persons convicted of first offenses of driving while under the in-
fluence of intoxicating liquor.
Referred to Committee on Judiciary No. 1.
By Representative Johnson of Wake:
H. B. 582, a bill to be entitled an act to provide for uniform application of
General Statutes enabling municipalities to annex contiguous areas and to
remove county exemptions.
368 HOUSE JOURNAL [Session
Referred to Committee on Local Government.
By Representatives Boshamer and Barker:
H. B. 583, a bill to be entitled an act relating to the bringing of actions for
the enforcement of taxes by Carteret County.
Referred to Committee on Local Government.
And,
H. B. 584, a bill to be entitled an act to extend police jurisdiction of the Town
of Atlantic Beach.
Referred to Committee on Local Government.
By Representative Euliss:
H. B. 585, a bill to be entitled an act to appropriate funds to the State Board
of Education to provide school bus service for special education pupils not pre-
sently transported.
Referred to Committee on Appropriations.
By Representatives Burrus and Roberson:
H. B. 586, a bill to be entitled an act to repeal Session Laws with special pro-
visions for building permits in Dare County.
Referred to Committee on Local Government.
By Representative Love:
H. B. 587, a bill to be entitled an act to amend Chapter 130 of the General
Statutes so as to provide that sanitary districts may acquire distribution systems
located outside the district.
Referred to Committee on Local Government.
By Representative Strickland:
H. B. 588, a bill to be entitled an act to amend Article 4 of Chapter 165 of
the General Statutes to provide scholarships for eligible recipients for the pur-
pose of attending private educational institutions of higher learning.
Referred to Committee on Education.
By Representative Stewart:
H. B. 589, a bill to be entitled an act to amend Chapter 143 of the General
Statutes of North Carolina relating to procedure for the letting of public con-
tracts by the City of Gastonia.
Referred to Committee on Local Government.
By Repesentatives Campbell of Wilson, and Paschall:
H. B. 590, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wilson County.
1969] HOUSE JOURNAL 369
Referred to Committee on Judiciary No. 1.
By Representatives Harkins, DeBruhl, Stevens and Beam:
H. B. 591, a bill to be entitled an act amending Chapter 1101 of the Session
Laws of 1959 relating to the appointment and terms of members of the Asheville
Library Board.
Referred to Committee on Local Government.
By Representatives Beard and Warlick:
H. B. 592, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Newton and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Newton.
Referred to Committee on Local Government.
By Representatives Beatty and Short:
H. B. 593, a bill to be entitled an act to permit certain minors to enter into
legally binding contracts.
Referred to Committee on Judiciary No. 2.
By Representative McKnight:
H. B. 594, a bill to be entitled an act amending General Statutes 153-246,
relating to joint performance of administrative functions by local governments.
Referred to Committee on Local Government.
By Representatives Godwin of Gates, and Culpepper:
H. B. 595, a bill to be entitled an act to amend Chapter 1013 of the Session
Laws of 1961 being the Charter of the Town of Edenton to redefine the cor-
porate limits.
Referred to Committee on Local Government.
By Representative Taylor of Transylvania:
H. B. 596, a bill to be entitled an act to increase the membership of the Ad-
visory Budget Commission so as to give representation to the minority poli-
tical party.
Referred to Committee on Appropriations.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 300, a bill to be entitled an act to provide for the nomination and election
of the members of the Board of Education of Johnston County.
Referred to Committee on Education.
370 HOUSE JOURNAL [Session
S. B. 306, a bill to be entitled an act to amend Chapter 993, Session Laws of
1949, to make more definite the outside boundaries of Pinehurst, Moore County,
North Carolina.
Referred to Committee on Local Government.
S. B. 307, a bill to be entitled an act to authorize the Greensboro City Board
of Education and the City of Greensboro to enter into contracts whereby the
Board of Education may furnish the city certain services in connection with
the city's recreation programs.
Referred to Committee on Local Government.
S. B. 309, a bill to be entitled an act to authorize the creation and organization
of a Housing Appeals Board to which appeals may be taken from the decision
of the Building Inspector upon any provision of the Housing Code of the Town
of Mount Airy in Surry County.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 427, a bill to be entitled an act to redefine and extend the corporate
limits of the Town of Plymouth, Washington County, North Carolina.
Passes its third reading by the following vote and is ordered sent to the
Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Gates,
Green, Gregory, Harkins, Harris, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield,
McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson, Mc-
Millan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of
Madison, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Snead, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of
Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick,
Watkins, Williamson and Wills — 108.
Those voting in the negative are: None.
H. B. 450, a bill to be entitled an act to extend the town limits of the Town
of Robersonville in Martin County.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
1969] HOUSE JOURNAL 371
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Gates,
Green, Gregory, Harkins, Harris, Hege, Hicks, Hofler, Holshouser, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Phillips, Quinn, Ragsdale, Ram-
sey of Madison, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree,
Royall, Snead, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart,
Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler,
Warlick, Watkins, Williamson and Wills — 108.
Those voting in the negative are: None.
H. B. 417, a bill to be entitled an act to amend Chapter 740 of the Session
Laws of 1965 so as to make certain changes therein applicable to Forsyth
County.
On motion of Representative McKnight, the Committee amendment is
adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 519, a bill to be entitled an act to amend Chapter 112 of the Session
Laws of 1967 relating to elections in the City of Newton.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 485, a bill to be entitled an act to amend General Statutes 136-1 re-
lating to the membership of the State Highway Commission.
Representative Horton moves consideration of the bill be postponed until
Wednesday, April 16, 1969. This motion fails.
Representative Mills calls the previous question. This motion prevails.
Passes its third reading and is ordered sent to the Senate.
Senate Committee Substitute to H. B. 174, a bill to be entitled an act to
amend General Statutes 163-30 and General Statutes 163-31 regarding the oath
of office and the time of the meeting of County Boards of Elections.
Passes its second and third readings and is ordered enrolled.
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemetery property and perpetual care funds to religious and chari-
table organizations.
On motion of Representative Gregory, consideration of the bill is postponed
until Wednesday, April 9, 1969.
372 HOUSE JOURNAL [Session
H. B. 552, a bill to be entitled an act to provide an emergency appropriation
from the General Fund for the purpose of supplementing the appropriation to
North Carolina State University at Raleigh for the construction of a Nuclear
Science and Engineering Research Center.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 240, a bill to be entitled an act to amend Chapters 160 and 97 of the
General Statutes to authorize municipalities to establish auxiliary police de-
partments and to provide workmen's compensation benefits to the members
thereof.
Passes its second and third readings and is ordered enrolled.
S. B. 249, a bill to be entitled an act relating to the clerk
ounty Commissioners.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
H. B. 111. An Act to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.
S. B. 73. An Act to amend General Statutes 20-7(f ) to permit a person tem-
porarily residing outside North Carolina to renew an operator's license by mail.
S. B. 167. An Act rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold.
S. B. 245. An Act to amend Chapter 134 of the Session Laws of 1967 re-
lating to vacancies occurring on the Board of Trustees of the Sanford Graded
School District.
H. B. 142. An Act to amend General Statutes 20-17. 1(b), General Statutes
20-23.1, General Statutes 20-141.3(f), General Statutes 20-279.13(c), General
Statutes 20-279.14, and General Statutes 20-279. 16(b), to remove therefrom
provisions relative to furnishing proof of financial responsibility.
H. B. 190. An Act relating to funeral and burial trust funds.
H. B. 291. An Act abolishing the salary of the Constable of Henderson
Township in Vance County.
H. B. 294. An Act to amend General Statutes 163-117 so as to provide for
numbered seats in the Forty-First District of the House of Representatives.
H. B. 309. An Act to amend General Statutes 163-151 relating to single shot
voting so as to make Section 3, Subsection (b) thereof inapplicable to Hoke
County.
H. B. 352. An Act to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen.
1969] HOUSE JOURNAL 373
H. B. 141. An Act relating to right of appeal in drainage district hearings.
H. B. 226. An Act to provide an election or referendum for certain areas in
Rockingham County on the question of whether or not they shall be annexed
to the Madison-Mayodan City Administrative Unit.
H. B. 292. An Act to amend Chapter 215 of the Public-Local Laws of 1931,
relating to fox hunting in Hoke and other counties so as to exempt Hoke County
from the provisions of said Act.
H. B. 299. An Act relating to hunting from public roads in Duplin County.
H. B. 333. An Act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Johnston County.
H. B. 363. An Act to extend the time for incorporation of a municipal cor-
poration in Lincoln County.
H. B. 372. An Act to allow petition by fifty percent of the property owners
for street improvement in Lincolnton.
H. B. 407. An Act to make General Statutes 68-38, relating to depredation
of domestic fowls, applicable in Wilkes County.
H. B. 423. An Act to reactivate the Charter of the Town of Arapahoe, and
to appoint the Mayor and Commissioners.
H. B. 416. An Act appionting the members of the Board of Education of
Whiteville City School Administrative Unit.
S. B. 224. An Act authorizing Johnston County to levy special purpose
taxes for certain purposes.
S. B. 243. An Act pertaining to the salaries of the Sheriff and Register of
Deeds of Cherokee County.
S. B. 250. An Act to amend Chapter 684 of the Session Laws of 1947 relating
to the Charter of the City of Kings Mountain.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
SEVENTY-SECOND DAY
House of Representatives
Tuesday, April 8, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Johnson of Duplin, for the Committee on the Rules and Op-
eration of the House, reports the Journal of Monday night has been examined,
found correct, and without objection the same stands approved as written.
374 HOUSE JOURNAL [Session
On motion of Representative DeBruhl, the rules are suspended so that he
may present a special guest, Mr. C. Marcelle Williams, Commander of the
American Legion, who approaches the dais and makes a few remarks.
On motion of Representative Falls, the courtesies of the floor are extended
to the Honorable Jack Palmer, a former member of the House from Cleveland
County.
A leave of absence is granted Representatives Burrus, Short, Soles and
Snyder for today.
Report of committees
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Jernigan, for the Committee on Conservation and De-
velopment:
H. B. 347, a bill to be entitled an act amending Article IB of Chapter 113 of
the General Statutes relating to State aid to airports so as to provide that the
State may participate in up to fifty per cent of the costs of certain projects.
With a favorable report.
H. B. 559, a bill to be entitled an act to clarify the small watershed laws with
respect to project maintenance in Duplin, Pender and Sampson Counties.
With a favorable report.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 33, a bill to entitled an act to amend Chapter 20, Article 2, of the
General Statutes of North Carolina by adding thereto new subsections desig-
nated General Statutes 20-17(9) and General Statutes 20-19(h) increasing the
penalty for excessive speed to avoid apprehension by a peace officer.
With a unfavorable report.
H. B. 115, a bill to be entitled an act to amend Part 10, Article 3 of the
Motor Vehicles Act of 1937 to create an offense of unlawful flight to avoid
apprehension.
With an unfavorable report.
S. B. 214, a bill to be entitled an act to amend General Statutes 20-183.2(c)
concerning safety equipment inspections of motor vehicles sold at retail.
With a favoable report.
S. B. 237, a bill to be entitled an act to provide for a period of probation
when a new driver's license is issued under the provisions of General Statutes
20-19(e).
With a favorable report.
1969] HOUSE JOURNAL 375
S. J. R. 255, a joint resolution requesting the Department of Motor Vehicles
to change the numbering system currently employed in the issuance of official
automobile registration plates to members of the General Assembly.
With a favorable report.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1.
H. B. 99, a bill to be entitled an act to amend General Statutes 160-200 re-
lating to abandoned motor vehicles.
With a unfavorable report.
H. B. 122, a bill to be entitled an act to amend General Statutes 15-41 so
as to authorize peace officers to arrest without warrant persons for whom an
unserved warrant has been issued.
With a favoable report.
H. B. 210, a bill to be entitled an act to amend General Statutes 14-256 re-
lating to punishment for escape from lawful custody so as to make it a felony
to escape from lawful custody.
With an unfavorable report.
H. B. 422, a bill to be entitled an act to increase from three hundred dollars
($300.00) to five hundred dollars ($500.00) the amount of a child's yearly al-
lowance for support allotted from a parent's estate.
With a favorable report.
H. B. 459, a bill to be entitled an act amending General Statutes 10-1, re-
lating to notaries public, so as to provide for terms of five years instead of two
years.
With a favorable report.
S. B. 266, a bill to be entitled an act authorizing the commissioners of Caswell
County to execute warranty deeds.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 224, a bill to be entitled an act to amend Paragraph (c) of Rule 30 of
Section 1, Chapter 1-A of the General Statutes so as to require a party taking
a deposition to furnish a copy of the same upon request.
With a favorable report as amended.
H. B. 486, a bill to be entitled an act to amend Article 5, Chapter 87, Section
64 of the General Statutes relating to examination, renewal and reinstatement
fees for persons and firms engaged in refrigeration contracting.
With a favorable report.
S. B. 95, a bill to be entitled an act to rewrite General Statutes 28-174, re-
lating to damages recoverable for death by wrongful act.
376 HOUSE JOURNAL [Session
With a favorable report.
By Representative Messer for the Committee on Manufacturers and Labor:
S. B. 171, a bill to be entitled an act to amend General Statutes 95-86 so as
to increase the persons and occupations covered by the Minimum Wage Act.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Roberson:
H. B. 597, a bill to be entitled an act to rename the Division of Forestry of
the Department of Conservation and Development as the "North Carolina
Forest Service".
Referred to Committee on Conservation and Development.
By Representative Johnson of Duplin:
H. B. 598, a bill to be entitled an act relating to the election of the Mayor
and Commissioners of the Town of Rose Hill.
Referred to Committee on Local Government.
By Representative Bryan:
H. B. 599, a bill to be entitled an act amending General Statutes 113-35 re-
lating to forest nurseries operated by the Department of Conservation and
Development so as to clarify the uses which may be made of forest tree seeds
and seedlings.
Referred to Committee on Conservation and Development.
By Representative Beam and DeBruhl:
H. B. 600, a bill to be entitled an act to increase the membership of the Mc-
Dowell County Board of Commissioners and to provide for their term of office
and election.
Referred to Committee on Local Government.
By Representatives Phillips, Ridenour, Payne, Coble, Frye and Short:
H. B. 601, a bill to be entitled an act enabling Guilford County to hold a
special election for the purpose of considering whether the county shall or shall
not impose and levy a Sales and Use Tax of one per cent upon the sale, use
and other taxable transactions upon which the State now imposes a three per
cent Sales and Use Tax.
Referred to Committee on Finance.
By Representatives Ridenour, Phillips, Coble, Payne and Frye:
1969] HOUSE JOURNAL 377
H. B. 602, a bill to be entitled an act to amend Article 24-A of Chapter 153
of the General Statutes of North Carolina relating to special assessments for
water and sewer facilities.
Referred to Committee on Finance.
By Representative Beatty:
H. B. 603, a bill to be entitled an act to classify intangible personal property
owned by individuals sixty-five years of age and older and to relieve such pro-
perty from assessment for taxation.
Referred to Committee on Finance.
By Representatives Blake and Garner:
H. B. 604, a bill to be entitled an act requiring new voter registration in
counties.
Referred to Committee on Election Laws.
And,
H. B. 605, a bill to be entitled an act to authorize the issuance of school
building bonds and notes in behalf of the Randolph County Administrative
Unit as a special bond tax unit and the levy of taxes within such unit for the
payment of the principal and interest of such bonds and notes.
Referred to Committee on Finance.
By Representatives Messer and Gentry:
H. B. 606, a bill to be entitled an act to amend Chapter 163 of the General
Statutes so as to authorize the State Board of Elections to render legal assistance
to County Boards of Elections.
Referred to Committee on Election Laws.
By Representatives Boshamer and Barker:
H. B. 607, a bill to be entitled an act to authorize the Board of County
Commissioners of Carteret County to expend tax funds for library purposes.
Referred to Committee on Local Government.
By Representative Johnson of Wake:
H. B. 608, a bill to be entitled an act to rewrite General Statutes 148-23,
regulating the conduct of prison employees.
Referred to Committee on Judiciary No. 2.
By Representatives Johnson of Wake, McMillan of Wake, Taylor of Wake
and Twiggs:
H. B 609, a bill to be entitled an act to amend Chapter 50 of the North Caro-
lina Session Laws of 1935 entitled "An act to create a Civil Service Commission
for the Fire Department and Police Department of the City of Raleigh and to
provide the necessary machinery and rules for the organization and operation
for said Civil Service Commission and departments."
378 HOUSE JOURNAL [Session
Referred to Committee on Local Government.
And,
H. B. 610, a bill to be entitled an act to amend Sections 10 and 22(7) of the
Charter of the City of Raleigh (Chapter 1184 of the Session Laws of North
Carolina, 1949, as amended).
Referred to Committee on Local Government.
By Representatives Love and Short:
H. B. 611, a bill to be entitled an act amending Article 21 of Chapter 130 of
the General Statutes of North Carolina relating to medical examiners.
Referred to Committee on Judiciary No. 1.
By Representative Love:
H. B. 612, a bill to be entitled an act amending General Statutes 113-81.1
relating to forest services rendered by the Department of Conservation and
Development so as to provide for additional services.
Referred to Committee on Conservation and Development.
By Representative Taylor of Transylvania:
H. B. 613, a bill to be entitled an act to fix the minimum punishment for
larceny of fish from commercial or State fish hatcheries.
Referred to Committee on Wildlife Resources.
By Representatives Williamson and Soles:
H. B. 614, a bill to be entitled an act to authorize the governing board of the
Town of Lake Waccamaw to regulate the subdivision of the land in and around
said Town and within 2,000 feet inland around the boundaries of Lake Wac-
camaw.
Referred to Committee on Local Government.
By Representative Collins:
H. B. 615, a bill to be entitled an act authorizing the position of Tax Collector,
Tax Supervisor and Treasurer of Alleghany County.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 211, a bill to be entitled an act pertaining to those persons who are
eligible to instruct persons studying to become registered nurses.
Referred to Committee on Health.
S. B. 297, a bill to be entitled an act to set the salary of the Buncombe County
Board of Commissioners.
1969] HOUSE JOURNAL 379
Referred to Committee on Local Government.
S. B. 289, a bill to be entitled an act to provide an election or referendum for
a certain area in Robeson County on the question of whether or not it shall be
annexed to the Lumberton City Administrative Unit and be subject to the school
taxes levied in the Lumberton City Administrative Unit if so annexed.
Referred to Committee on Election Laws.
S. B. 292, a bill to be entitled an act to amend Article 6 A of Chapter 153 of
the General Statutes relating to the salaries of appointive and elective county
officials and employees so as to make it applicable to Wilson County.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 450, a bill to be entitled an act to extend the town limits of the Town
of Robersonville in Martin County.
Passes its third reading by the following vote and is ordered sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Barbee,
Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Campbell of Mecklenburg, Camp-
bell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Clark, Coble,
Collins, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robe-
son, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Snead, Speros, Stanford, Stevens, Stewart,
Strickland, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell,
Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and Wills — 110.
Those voting in the negative are: None.
H. B. 340, a bill to be entitled an act amending General Statutes 14-111.2
relating to obtaining ambulance services without intending to pay therefor,
so as to make the same applicable to Catawba County.
On motion of Representative Godwin of Gates the Committee amendment
is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
S. B. 120, a bill to be entitled an act to amend the Federal Tax Lien Regi-
stration Act to comply with the Federal Tax Lien Act of 1966.
380 HOUSE JOURNAL [Session
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Barbee,
Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Campbell of Mecklenburg,
Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase, Clark,
Coble, Collins, Culpepper, DeBryhl, Eagles, Elliott, Euliss, Everett, Falls, Fen-
ner, Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jemison, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson,
McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Snead, Speros, Stanford, Stevens, Stewart,
Strickland, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert, Troxell,
Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson and Wills — 110.
Those voting in the negative are: None.
H. B. 160, a bill to be entitled an act to amend Chapters 14 and 15 of the
General Statutes so as to abolish capital punishment.
Representative Holshouser offers an amendment which is adopted.
Representative Johnson of Cabarrus offers an amendment which fails of
adoption.
Representative Lilley moves the bill be laid upon the table.
Representative Williamson calls for the "ayes" and "noes" on the question.
The bill is laid on the table by the following vote:
Those voting in the affirmative are: Representatives Barbee, Barker, Barr,
Beam, Billings, Blake, Boger, Bostian, Bradley, Bumgardner, Campbell of
Wilson, Carter, Collins, Culpepper, DeBruhl, Eagles, Elliott, Everett, Falls,
Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins, Harris,
Haynes, Hege, Hicks, Hofler, Horton, Jernigan, Johnson of Duplin, Jones of
Rutherford, Kincaid, Lilley, Love, Martin, McDaniel, McFadyen, McMillan
of Robeson, Mills, Mitchell, Mohn, Moore, Paschall, Penny of Harnett, Penton,
Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person, Raynor, Rhyne, Rose,
Rountree, Snead, Speros, Strickland, Tart, Taylor of Wake, Tolbert, Troxell,
Vogler, Watkins, Whitley, and Williamson — 68.
Those voting in the negative are: Representatives Andrews, Baugh, Beard,
Beatty, Boshamer, Britt, Bryan, Campbell of Mecklenburg, Campbell of
Robeson, Carson, Chase, Clark, Coble, Frye, Holshouser, Jemison, Johnson of
Cabarrus, Johnson of Wake, Jones of Mecklenburg, Leatherman, Mauney,
Mayfield, McKnight, McMichael, McMillan of Wake, Messer, Payne, Penny
of Durham, Phillips, Ridenour, Royall, Stanford, Stevens, Stewart, Taylor of
Transylvania, Twiggs, Warlick and Wills — 38.
1969] HOUSE JOURNAL 381
The following pairs are announced: Representative Fenner votes "aye",
were Representative Short present he would vote "noe"; Representative Reid
votes "aye", were Representative Auman present he would vote "noe"; Re-
presentative Roberson votes "noe", were Representative Burrus present he
would vote "aye".
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services, and denning the powers and responsibilities of
such corporations and its members.
On motion of Representative Johnson of Wake consideration of the bill is
postponed until Wednesday, April 9, 1969.
H. B. 403, a bill to be entitled an act to implement Chapter 55B of the
General Statutes relating to professional corporations, by amending certain
other acts to conform.
On motion of Representative Johnson of Wake consideration of the bill is
postponed until Wednesday, April 9, 1969.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
SEVENTH-THIRD DAY
House of Representatives
Wednesday, April 9, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of
the House, reports the Journal of yesterday has been examined, found correct,
and without objection the same stands approved as written.
On motion of Representative Jones of Rutherford, the rules are suspended
so that the Director of the Rutherford Vocation Workshop, Mr. W. D. Swofford
may present pupils and teachers of that workshop. Mr. Swofford makes a few
remarks and calls attention to the gift placed on the members desks. This
gift is a name plaque for each member which was made by the students, assisted
by Mr. Swofford and Representative Jones.
On motion of Representative Lilley, the courtesies of the floor are extended
to the Honorable Joe Horton, a former member of the House from Green
County.
On motion of Representatives Penny of Harnett and Love, the courtesies of
the floor are extended to the Honorable H. D. Mabe, Jr., a former member of
the House from Harnett County.
382 HOUSE JOURNAL [Session
On motion of Representative Chase, the rules are suspended so that she may
present a special guest, Mrs. Burton Joseph, President of the National Associa-
tion of Mental Health. Mrs. Joseph approaches the dais and makes a few re-
marks.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Addison Hewlett, former Speaker and member from New Hanover County,
and to the Honorable William Hill, a former member from New Hanover
County.
A leave of absence is granted Representative Penton for Friday, April 11,
1969.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
S. B. 228, a bill to be entitled an act to amend Chapter 196, Session Laws of
1967, to authorize the appointment of ABC Officers in the Town of Mt. Pleasant,
and to specify their jurisdiction.
With a favorable report.
S. B. 229, a bill to be entitled an act to amend Chapter 195, Session Laws of
1967, to authorize the appointment of ABC officers in the City of Concord and
to specify their jurisdiction.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 153, a bill to be entitled an act amending General Statutes 7A-171
relating to the appointment of magistrates so as to provide for their appoint-
ment by the chief district judge.
With an unfavorable report.
By Representative Tart, for the Committee on Education:
H. B. 118, a bill to be entitled an act directing the State Board of Education
to conduct a study as to the feasibility of introducing into the Public School
System curriculum instruction in the Environment and Natural Resources and
appropriating funds for said study.
With a favorable report, as amended.
On motion of Representative Tart the bill is recommitted to Committee on
Appropriations.
H. B. 520, a bill to be entitled an act to appoint two members to the Board
of Education of Swain County.
With a favorable report, as amended.
1969] HOUSE JOURNAL 383
H. B. 544, a bill to be entitled an act to provide for the nomination, election
and terms of office of members of the Washington County Board of Education.
With a favorable report.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 207, a bill to be entitled an act to amend Chapter 20 of the General
Statutes of North Carolina increasing the driver license revocation time for
excessive speed to avoid apprehension and creating a new offense of unlawful
flight to avoid apprehension.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Paschall the substitute bill is adopted.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Mc Michael:
H. B. 616, a bill to be entitled an act to allow persons residing within annexed
areas of the Town of Mayodan to vote and to be eligible for office in the munici-
pal election of 1969.
Referred to Committee on Local Government.
By Representatives Watkins, and Ramsey of Person:
H. B. 617, a bill to be entitled an act to make General Statutes 160-61.1,
relating to warranty deeds, applicable to Granville County and the munici-
palities therein.
Referred to Committee on Local Government.
By Representatives Beatty, Culpepper, DeBruhl, Mohn, McMillan of Robe-
son, Love, Covington, Church, Speros, Soles, McFadyen, Blake, Strickland,
Jones of Mecklenburg, Stewart, and Everett:
H. B. 618, a bill to be entitled an act to appropriate funds to provide for
capital improvements at institutions and units of the Community College
System.
Referred to Committee on Appropriations.
By Representatives Vogler, Beatty, Campbell of Mecklenburg, Hicks, and
Jones of Mecklenburg:
H. B. 619, a bill to be entitled an act to amend Chapter 216 of the Session
Laws of 1967, being a part of the Charter of the City of Charlotte, Mecklen-
burg County.
Referred to Committee on Local Government.
384 HOUSE JOURNAL [Session
By Representatives Vogler, Beatty, Baugh, Campbell of Mecklenburg,
Hicks, and Jones of Mecklenburg:
H. B. 620, a bill to be entitled an act to amend Chapter 713 of the Session
Laws of 1965, being the Charter of the City of Charlotte in Mecklenburg
County.
Referred to Committee on Local Government.
By Representatives Boshamer, Godwin of Craven, and Barker:
H. B. 621, a bill to be entitled an act to appropriate funds for historical pre-
servation, research, and restoration in Carteret County.
Referred to Committee on Appropriations.
By Representatives Speros, Martin, Campbell of Mecklenburg, Paschall,
Britt, Stewart, and Royall:
H. B. 622, a bill to be entitled an act to amend Article 45 of Chapter 1 of the
General Statutes relating to arbitration and award.
Referred to Committee on Judiciary No. 1.
By Representative Mayfleld:
H. B. 623, a bill to be entitled an act creating the Hendersonville — Hender-
son County Study Commission of the municipalities within, and the County
of, Henderson.
Referred to Committee on Local Government.
By Representatives Boger and Tolbert, by request:
H. B. 624, a bill to be entitled an act to authorize the Board of County Com-
missioners of Davie County, in their discretion, to levy a tax for the support
and maintenance of the Davie Public Library.
Referred to Committee on Finance.
By Representatives Auman and Tart:
H. B. 625, a bill to be entitled an act to provide state-supported summer
public school programs.
Referred to Committee on Education.
By Representatives Short, Raynor, Speed and Reid:
H. B. 626, a bill to be entitled an act to prescribe certain rights of individuals
relative to the obtaining of chiropractic services from practitioners of chiro-
practic licensed by the State.
Referred to Committee on Insurance.
By Representatives Short, Snyder and Rountree:
H. B. 627, a bill to be entitled an act to revise and clarify the jurisdiction and
procedures applicable to children in the District Court.
1969] HOUSE JOURNAL 385
Referred to Committee on Courts and Judicial Districts.
By Representative Stanford:
H. B. 628, a bill to be entitled an act to amend the Charter of the Town of
Chapel Hill so as to authorize local improvements and assessment without
petition.
Referred to Committee on Local Government.
And,
H. B. 629, a bill to be entitled an act to amend Chapter 87 of the Session
Laws of 1961 relating to the Charter of the Town of Chapel Hill.
Referred to Committee on Local Government.
By Representative Leatherman:
H. B. 630, a bill to be entitled an act to amend Chapter 893 of the 1967
Session Laws authorizing election or referendum on the question of reorganizing
and merging the Lincoln County School Administrative Unit and the Lincoln-
ton City Administrative Unit into one school administrative unit under one
Board of Education so as to provide, in the event merger is approved by the
electorate, the "Joint Lincoln County Board of Education" shall assume the
administration of the Lincoln County Public Schools on August 15, 1969.
Referred to Committee on Education.
By Representative Mills:
H. B. 631, a bill to be entitled an act to amend Chapter 105 of the General
Statutes to provide for the listing of inventories for ad valorem tax purposes
at a valuation consistent with value reported on income tax returns.
Referred to Committee on Finance.
By Representatives Eagles, Britt, Church, McMillan of Robeson, Jernigan,
Barbee, Everett, Fenner, Tart, Blake, and Johnson of Duplin:
H. B. 632, a bill to be entitled an act to amend Chapter 115A of the General
Statutes relating to equitable distribution of capital outlay funds to institutional
units of the Community College System.
Referred to Committee on Education.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. J. R. 137, a joint resolution directing the Department of Motor Vehicles
to initiate, with the approval of the Governor, a system ofsemi-permanent
registration plates for motor vehicles in lieu of the annual plate system now in
effect.
Referred to Committee on Roads.
386 HOUSE JOURNAL [Session
Committee Substitute for S. B. 251, a bill to be entitled an act relating to
meetings of the Board of County Commissioners.
Referred to Committee on Local Government.
S. B. 280, a bill to be entitled an act amending General Statutes 55-67(b)
relating to the voting of corporate stock.
Referred to Committee on Judiciary No. 1.
S. B. 344, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Fayetteville and to modify the application of
General Statutes 118-5, 118-6, and 118-7 to the City of Fayetteville.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 559, a bill to be entitled an act to clarify the small watershed laws with
respect to project maintenance in Duplin, Pender and Sampson Counties.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Elliott,
Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Gates, Green,
Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Jernigan,
Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin, Mauney,
Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson,
McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne,
Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and
Wills — 113.
Those voting in the negative are: None.
S. B. 266, a bill to be entitled an act authorizing the commissioners of Caswell
County to execute warranty deeds.
Passes its second and third readings and is ordered enrolled.
S. B. 120, a bill to be entitled an act to amend the Federal Tax Lien Regi-
stration Act to comply with the Federal Tax Lien Act of 1966.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Friday, April 11, 1969.
1969] HOUSE JOURNAL 387
H. B. 486, a bill to be entitled an act to amend Article 5, Chapter 87, Section
64 of the General Statutes relating to examination, renewal and reinstatement
fees for persons and firms engaged in refrigeration contracting.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Elliott, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Gates,
Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser,
Jernigan, Johnson of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of
Mecklenburg, Jones of Rutherford, Kincaid, Leatherman, Lilley, Love, Martin,
Mauney, Mayfield, McDaniel, McFadyen, McKnight, McMichael, McMillan
of Robeson, McMillan of Wake, Messer, Mills, Mitchell, Mohn, Moore, Paschall,
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ragsdale,
Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson, and
Wills — 113.
Those voting in the negative are: None.
H. B. 122, a bill to be entitled an act to amend General Statutes 15-41 so as
to authorize peace officers to arrest without warrant persons for whom an un-
served warrant has been issued.
Representative Messer offers an amendment which fails of adoption.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services, and defining the powers and responsibilities of
such corporations and its members.
Representative Johnson of Wake offers an amendment which is adopted.
Representative Campbell of Wilson offers two amendments which are adopted.
Passes its second reading as amended and remains on the Calendar.
On motion of Representative Johnson of Wake consideration of the third
reading of the bill is postponed until Thursday, April 10, 1969.
H. B. 224, a bill to be entitled an act to amend Paragraph (c) of Rule 30 of
Section 1, Chapter 1-A of the General Statutes so as to require a party taking
a deposition to furnish a copy of the same upon request.
On motion of Representative Hofler the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
388 HOUSE JOURNAL [Session
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
On motion of Representative Collins tha Committee amendments are adopted.
On motion of Representative Collins consideration of the bill is postponed
until Monday night, April 14, 1969.
H. B. 347, a bill to be entitled an act amending Article IB of Chapter 113 of
the General Statutes relating to State aid to airports so as to provide that the
State may participate in up to fifty per cent of the costs of certain projects.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 403, a bill to be entitled an act to implement Chapter 55B of the General
Statutes relating to professional corporations, by amending certain other Acts
to conform.
Passes its second reading.
On motion of Representative Johnson of Wake consideration of the bill on
its third reading is postponed until Thursday, April 10, 1969.
H. B. 422, a bill to be entitled an act to increase from three hundred dollars
($300.00) to five hundred dollars ($500.00) the amount of a child's yearly allow-
ance for support allotted from a parent's estate.
Representative Wills offers an amendment which is adopted.
Passes its second and third readings as amended and is ordered engorssed
and sent to the Senate.
H. B. 459, a bill to be entitled an act amending General Statutes 10-1, re-
lating to Notaries Public, so as to provide for terms of five years instead of two
years.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemetery property and perpetual care funds to religious and chari-
table organizations.
On motion of Representative Gregory the bill is recommitted to the Com-
mittee on Judiciary No. 1.
S. B. 95, a bill to be entitled an act to rewrite General Statutes 28-174,
relating to damages recoverable for death by wrongful act.
On motion of Representative Strickland consideration of the bill is postponed
until tomorrow, April 10, 1969.
S. B. 112, a bill to be entitled an act to provide for the creation of a tenancy
by the entirety in the division of land.
Passes its second reading.
1969] HOUSE JOURNAL 389
Representative Gregory objects to the third reading and the bill remains on
the Calendar.
S. B. 171, a bill to be entitled an act to amend General Statutes 95-86 so as
to increase the persons and occupations covered by the Minimum Wage Act.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 5. An Act to make certain technical and clarifying amendments to
General Statutes Chapter 9, "Jurors".
S. B. 240. An Act to amend Chapters 160 and 97 of the General Statutes to
authorize municipalities to establish auxiliary police departments and to pro-
vide workmen's compensation benefits to the members thereof.
S. B. 249. An Act relating to the clerk to the Board of County Commissioners.
H. B. 174. An Act to amend General Statutes 163-30 and General Statutes
163-31 regarding the oath of office and the time of the meeting of county boards
of elections.
H. B. 382. An Act to fix the compensation of the chairman and members of
the Charlotte-Mecklenburg Board of Education.
H. B. 400. An Act to amend General Statutes 153-48.3, relating to the com-
pensation of employees engaged in the county's ambulance service in Pas-
quotank County.
H. B. 411. An Act to authorize Pasquotank County to enter into contracts
for a retirement system.
H. B. 425. An Act to authorize the governing body of the Town of Red
Springs, North Carolina, to appoint a city manager and to prescribe his powers
and duties.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
SEVENTY-FOURTH DAY
House of Representatives
Thursday, April 10, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Edward B. Jordan, Pastor of Trinity
Episcopal Church, Scotland Neck, North Carolina.
390 HOUSE JOURNAL [Session
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Beatty, Campbell of Robeson
and Snead for Friday, April 11, 1969.
A leave of absence is granted Representative Campbell of Robeson for
Monday night, April 14, 1969.
On motion of Representatives Eagles, Barbee and Fenner, the courtesies of
the floor are granted to the Honorable L. H. Fountain, Congressman from the
Second Congressional District.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 529, a bill to be entitled an act to amend General Statutes 18-37 and
18-38 relating to the State Board of Alcoholic Control and the Director of the
Board.
With a favorable report.
S. B. 53, a bill to be entitled an act to permit a referendum in municipalities
concerning the sale of alcoholic beverages.
With a favorable report, as amended.
On motion of Representative McMillan of Robeson, the bill is placed on the
Calendar for Tuesday, April 15, 1969.
By Representative Ramsey of Person, for the Committee on Insurance:
S. B. 26, a bill to be entitled an act to establish the North Carolina Under-
writing Association so as to provide a method whereby adequate fire and ex-
tended coverage insurance may be obtained in the beach area of North Carolina.
With a favorable report, as amended.
By Representative Godwin of Gates, for the Committee on Judiciary No.
H. B. 338, a bill to be entitled an act amending Chapter 775 of the Session
Laws of 1965 to eliminate the residency requirement for police and fire depart-
ment employees.
With a favorable report.
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemetery property and perpetual care funds to religious and char-
itable organizations.
1969] HOUSE JOURNAL 391
With a favorable report, as amended.
H. B. 528, a bill to be entitled an act relating to substitute trustees under
Deeds of Trust, and providing for the validation of certain acts done by such
substitute trustees before April 1, 1969.
With a favorable report.
H. B. 590, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wilson County.
With a favorable report.
H. B. 611, a bill to be entitled an act amending Article 21 of Chapter 130 of
the General Statutes of North Carolina relating to medical examiners.
With a favorable report.
S. B. 129, a bill to be entitled an act to amend General Statutes 114-19 re-
lating to taking photographs of persons charged with criminal offenses.
With a favorable report, as amended.
S. B. 222, a bill to be entitled an act to clarify General Statutes 20-28.1,
relating to revocation of driving privileges of persons who drive while licenses
are revoked or suspended.
With a favorable report, as amended.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 375, a bill to be entitled an act to authorize the temporary questioning
of persons in public places and a search for weapons during temporary question-
ing.
With a favorable report, as amended.
H. B. 392, a bill to be entitled an act to amend General Statutes 7-448 and
General Statutes 7-449, relating to membership and terms of office on the
Judicial Council, so as to include as members the chief Judge of the Court of
Appeals, or a member designated by him, and a District Court Judge designated
by the Chief Justice.
With an unfavorable report.
S. B. 144, a bill to be entitled an act amending Article IV of Chapter 84 of
the General Statutes so as to permit district bar associations to assess and collect
annual membership fees for the promotion and maintenance of its admini-
stration, activities and programs.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 250, a bill to be entitled an act amending Chapter 593 of the Session
Laws of 1965 to increase the salary of the Register of Deeds of Clay County.
With a favorable report.
392 HOUSE JOURNAL [Session
H. B. 339, a bill to be entitled an act to regulate and fix the salaries of the
Sheriff and Register of Deeds of Lenoir County.
With a favorable report.
H. B. 394, a bill to be entitled an act revising Article 6A of Chapter 153 of
the General Statutes of North Carolina concerning the salaries of county officers
and employees.
With a favorable report.
H. B. 395, a bill to be entitled an act relating to the Clerk to the Board of
County Commissioners.
With an unfavorable report.
H. B. 446, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Pitt County to prescribe
regulations relating to the listing of property for taxation in Pitt County, and
to authorize the Division, or combining of townships for tax listing purposes.
With a favorable report.
H. B. 449, a bill to be entitled an act amending Chapter 308, Session Laws
of 1959, extending the time for issuance of bonds by counties and municipalities
for providing storage of water at projects constructed pursuant to the Act of
Congress cited as "Water Supply Act of 1958".
With a favorable report.
H. B. 471, a bill to be entitled an act to amend General Statutes 160-227.1
to make the subdivision laws applicable to municipalities in McDowell County.
With a favorable report.
H. B. 478, a bill to be entitled an act to amend Chapter 609 of the Session
Laws of 1963 defining the corporate limits of the Town of Ahoskie.
With a favorable report.
H. B. 480, a bill to be entitled an act to provide for the appointment and com-
pensation of the Pasquotank County Accountant by the Board of County Com-
missioners.
With a favorable report.
H. B. 498, a bill to be entitled an act amending Chapter 382 of the Session
Laws of 1967 so as to authorize the Town of Kernersville to join with Forsyth
County and the City of Winston-Salem in joint purchasing arrangements.
With a favorable report.
H. B. 483, a bill to be entitled an act with respect to State and regional
planning.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
1969] HOUSE JOURNAL 393
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
On motion of Representative Ramsey of Madison, the bill is recommitted
to Committee on Appropriations.
H. B. 484, a bill to be entitled an act to establish the North Carolina De-
partment of Local Affairs.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
On motion of Representative Ramsey of Madison, the bill is recommitted
to Committee on Appropriations.
H. B. 500, a bill to be entitled an act to establish the salaries of the Sheriff
and Register of Deeds of Wake County.
With a favorable report.
H. B. 504, a bill to be entitled an act amending Chapter 1073 of the 1959
Session Laws so as to provide for the issuance of pistol permits in Clay County
by the Clerk of Superior Court.
With a favorable report.
H. B. 526, a bill to be entitled an act to amend General Statutes 105-345
relating to the prepayment of taxes and late interest charges in Mecklenburg
County and the City of Charlotte.
With a favorable report.
H. B. 527, a bill to be entitled an act to amend General Statutes 143-129
relating to purchases by Mecklenburg County.
With a favorable report.
H. B. 538, a bill to be entitled an act to fix the salary of the Register of Deeds
of Rutherford County.
With a favorable report.
H. B. 539, a bill to be entitled an act to fix the salary of the Sheriff of Ruther-
ford County.
With a favorable report.
H. B. 542, a bill to be entitled an act to revise and consolidate the Charter
of the Town of Nashville, North Carolina.
With a favorable report.
H. B. 547, a bill to be entitled an act to amend the Charter of the Town of
Cape Carteret with reference to the election and meetings of the Board of Com-
missioners.
394 HOUSE JOURNAL [Session
With a favorable report.
H. B. 549, a bill to be entitled an act relating to the compensation of the
Chairman and members of the Board of Education of Craven County.
With a favorable report.
H. B. 554, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Catawba County, to pre-
scribe regulations relating to the listing of property for taxation in that county,
and to authorize the division or combining of townships for tax listing purposes.
With a favorable report.
H. B. 556, a bill to be entitled an act to validate the special bond election held
in the Town of Lincolnton, North Carolina, on January 14, 1969.
With a favorable report.
S. B. 161, a bill to be entitled an act to amend Chapter 316 of the Session
Laws of 1947, as amended relating to professional bondsmen in Robeson County.
With a favorable report.
H. B. 570, a bill to be entitled an act to amend Chapter 79 of the Session
Laws of 1965 to change the time of election in the Town of Ayden.
With a favorable report.
H. B. 600, a bill to be entitled an act to increase the membership of the Mc-
Dowell County Board of Commissioners and to provide for their term of office
and election.
With a favorable report.
S. B. 191, a bill to be entitled an act enabling municipalities to finance re-
development programs on an annual basis.
With a favorable report.
On motion of Representative Harkins, the bill is placed on the Calendar for
Tuesday, April 15, 1969.
S. B. 247, a bill to be entitled an act relating to filling vacancies on boards of
county commissioners.
With a favorable report.
S. B. 279, a bill to be entitled an act to provide for an election in the Town
of Farmville on the question of amending the Town Charter to establish the
office of Town Manager.
With a favorable report.
S. B. 282, a bill to be entitled an act providing for the determination of the
tenure of office for members of the City Council of the City of Roanoke Rapids.
1969] HOUSE JOURNAL 395
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison, the substitute bill is
adopted.
By Representative Green, for the Committee on Public Welfare:
H. B. 437, a bill to be entitled an act to rewrite General Statutes 35-42 to
provide that the secretary of the Eugenics Board shall be an employee of the
State Department of Public Welfare and shall be designated by the Com-
missioner of Public Welfare.
With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Covington:
H. B. 633, a bill to be entitled an act relating to mortgage or loss payable
clauses on fire and extended coverage policies, requiring that the interest of
loss payees in personal property be protected in the same manner as interest in
real property.
Referred to Committee on Insurance.
And,
H. B. 634, a bill to be entitled an act to provide that insurance companies
shall settle a loss payee's or mortgagee's claim without waiting to litigate the
insured's claim.
Referred to Committee on Insurance.
And,
H. B. 635, a bill to be entitled an act requiring companies writing fire and
extended coverage insurance to pay interest on losses where settlement of valid
claims are occasioned by insurer's delay.
Referred to Committee on Insurance.
By Representatives Burrus and Roberson:
H. B. 636, a bill to be entitled an act to amend Chapter 14, Section 197 of
the General Statutes of North Carolina by removing Dare County as an ex-
empted county from the provisions of this Act relating to the use of indecent
language.
Referred to Committee on Judiciary No. 1.
And,
396 HOUSE JOURNAL [Session
H. B. 637, a bill to be entitled an act to amend Chapter 14, Section 269.1 of
the General Statutes of North Carolina by removing Dare County as an ex-
empted county from the provisions of this Act relating to the confiscation of
firearms.
Referred to Committee on Judiciary No. 1.
And,
H. B. 638, a bill to be entitled an act prohibiting the use of rifles in the main-
land area of Dare County from the northern boundary line of the Town of Kill
Devil Hills to the northern boundary line of the County of Dare.
Referred to Committee on Judiciary No. 1.
By Representatives Church and Speed:
H. B. 639, a bill to be entitled an act to improve and provide public schools
of a higher standard for the residents of Warrenton in Warren County, to
establish the Warrenton City Administrative Unit, to provide for the admini-
stration of the public schools in said Administrative Unit, to levy a special tax
for the public schools of said Administrative Unit, all of which shall be subject
to the approval of the voters in a referendum or special election.
Referred to Committee on Education.
By Representatives Beam, DeBruhl, Harkins and Stevens:
H. B. 640, a bill to be entitled an act to amend Chapter 371, Session Laws of
1967, relating to compensation of certain officials of McDowell County.
Referred to Committee on Local Government.
And,
H. B. 641, a bill to be entitled an act authorizing the Marion City School
Board to convey, without consideration, to the City of Marion or McDowell
County certain described land.
Referred to Committee on Local Government.
By Representative Penny of Harnett:
H. B. 642, a bill to be entitled an act to amend General Statutes 160-453.12
so as to make the procedure for extending the corporate limits of municipalities
of less than 5,000 population applicable to the Town of Erwin in Harnett
County.
Referred to Committee on Local Government.
By Representatives Snead and Penton:
H. B. 643, a bill to be entitled an act to amend Article 3 of Chapter 18 of the
General Statutes of North Carolina so as to regulate the sale, possession, pur-
chase and transportation of alcoholic beverages in excess of one gallon.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Reid, Tart, McDaniel, Phillips and Beam:
1969] HOUSE JOURNAL 397
H. B. 644, a bill to be entitled an act to provide for privileged communications
between students and school counselors.
Referred to Committee on Judiciary No. 2.
By Representatives Raynor, Rose, Carter and Bryan:
H. B. 645, a bill to be entitled an act enabling Cumberland County to hold
a special election for the purpose of considering whether the county shall or
shall not impose and levy a sales and use tax of one percent upon the sale, use
and other taxable transactions upon which the State now imposes a three per-
cent sales and use tax.
Referred to Committee on Finance.
By Representative Clark:
H. B. 646, a bill to be entitled an act to amend General Statutes 153-5 and
General Statutes 153-6 as the same affect Union County.
Referred to Committee on Judiciary No. 2.
By Representatives Bumgardner, Mauney, Mills, Stewart, Rhyne, Quinn,
Baugh, and Leatherman:
H. B. 647, a bill to be entitled an act to amend General Statutes 115A-39
enlarging the membership of the Board of Trustees of the North Carolina
Vocational Textile School.
Referred to Committee on Education.
By Representatives Williamson and Soles:
H. B. 648, a bill to be entitled an act to appropriate $35,000.00 for construction
of a spillway gate at Lake Waccamaw in Columbus County.
Referred to Committee on Appropriations.
By Representative Leatherman:
H. J. R. 649, a joint resolution providing for the appointment of a Legislative
Study Commission on student financial aid.
Referred to Committee on Education.
By Representatives Williamson and Soles:
H. B. 650, a bill to be entitled an act to fix the salaries of the Board of County
Commissioners of Columbus County.
Referred to Committee on Local Government.
By Representatives Watkins, and Ramsey of Person:
H. B. 651, a bill to be entitled an act to allow the Sheriff and Deputy Sheriffs
of Granville County to purchase automobiles from State Surplus.
Referred to Committee on Local Government.
398 HOUSE JOURNAL [Session
By Representatives McKnight, McDaniel, Jemison, Wills, and Horton, by
request:
H. B. 652, a bill to be entitled an act to authorize the establishment of a
County Police Department in Forsyth County.
Referred to Committee on Local Government.
By Representatives Johnson of Duplin, Rountree, Mills, Royall, Hofler,
Euliss, Paschall, Stewart and Penny of Durham:
H. B. 653, a bill to be entitled an act to provide financial assistance for the
education of North Carolinians at the Medical Schools of Duke University
and Wake Forest University.
Referred to Committee on Higher Education.
By Representatives Payne, Ridenour, Short, Frye, Coble and Phillips:
H. B. 654, a bill to be entitled an act to amend the Charter of the Town of
Gibsonville.
Referred to Committee on Local Government.
By Representatives Warlick and Beard:
H. B. 655, a bill to be entitled an act to amend General Statutes 105-343
relating to discounts for prepayment of taxes and penalties for nonpayment of
taxes as applied to Catawba County.
Referred to Committee on Local Government.
By Representatives Culpepper, and Godwin of Gates:
H. B. 656, a bill to be entitled an act relating to the dissolution of the Moyock
Drainage District.
Referred to Committee on Local Government.
By Representative Jernigan:
H. B. 657, a bill to be entitled an act relating to the salary of the Mayor and
the Commissioners of the Town of Murfreesboro in Hertford County.
Referred to Committee on Local Government.
By Representative Whitley:
H. B. 658, a bill to be entitled an act to permit the Stanly County Board of
Commissioners to contribute to aid in the program of the Stanly County Voca-
tional Workship, Inc.
Referred to Committee on Local Government.
By Representatives Barker, Boshamer, and Godwin of Craven:
H. B. 659, a bill to be entitled an act to revise the Charter of the Town of
Stonewall in Pamlico County and to repeal prior Charter Acts.
Referred to Committee on Local Government.
1969] HOUSE JOURNAL 399
By Representatives Williamson and Soles:
H. B. 660, a bill to be entitled an act fixing the salary of the Register of Deeds
and the salary and expense allowances of the County Commissioners of Bruns-
wick County.
Referred to Committee on Local Government.
And,
H. B. 661, a bill to be entitled an act to amend Chapter 510 of the 1965
Session Laws as amended by Chapter 901 of the 1967 Session Laws fixing the
salaries and expense allowances of certain officials and employees in Brunswick
County.
Referred to Committee on Local Government.
By Representatives Vogler, Baugh, Beatty, Campbell of Mecklenburg,
Carson, Hicks, and Jones of Mecklenburg:
H. B. 662, a bill to be entitled an act specifying authority to be exercised by
Mecklenburg Vounty in drainage projects and watershed improvements pro-
jects in Mecklenburg County.
Referred to Committee on Local Government.
By Representatives Mitchell and Troxell:
H. B. 663, a bill to be entitled an act to provide for an election of all members
of Boards of Trustees administering and operating public schools in the Kan-
napolis Administrative Unit.
Referred to Committee on Education.
By Representatives Fenner, Barbee and Eagles:
H. B. 664, a bill to be entitled an act altering the terms of office of members
of the Rocky Mount City Board of Education and providing for staggered terms
of office for such members.
Referred to Committee on Local Government.
By Representative Snead:
H. B. 665, a bill to be entitled an act to amend Chapter 1068 of the 1963
Session Laws relating to the salaries of the County Commissioners.
Referred to Committee on Local Government.
By Representatives Beam, DeBruhl, Harkins and Stevens:
H. B. 666, a bill to be entitled an act enabling McDowell County to hold a
special election for the purpose of considering whether the County shall or shall
not impose and levy a sales and use tax of one percent upon the sales, use and
other taxable transactions upon which the State now imposes a three percent
sales and use tax.
Referred to Committee on Finance.
400 HOUSE JOURNAL [Session
By Representative Jones of Rutherford:
H. B. 667, a bill to be entitled an act to permit the snagging of non-game fish
in a portion of Polk County.
Referred to Committee on Wildlife Resources.
And,
H. B. 668, a bill to be entitled an act to authorize the Board of County Com-
missioners of Polk County to fix the compensation of certain county officials.
Referred to Committee on Local Government.
By Representatives Moore and Ragsdale:
H. B. 669, a bill to be entitled an act to appropriate funds for the purchase of
additional land at Moores Creek National Military Park.
Referred to Committee on Appropriations.
By Representative Auman:
H. B. 670, a bill to be entitled an act to amend Chapter 72 of the Session Laws
of 1969 so as to make technical corrections in the Charter of the Village of
Whispering Pines.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 317, a bill to be entitled an act to amend General Statutes 122-65.8
so as to clarify the intent of the original act in regard to the commitment of
chronic alcoholics by courts having jurisdiction over them to facilities of the
Department of Mental Health.
Referred to Committee on Judiciary No. 2.
H. B. 319, a bill to be entitled an act to amend General Statutes 89-14 re-
lating to land surveyors so as to amend said Act as it pertains to Alleghany
County.
Returned for concurrence.
On motion of Representative Collins, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 559, a bill to be entitled an act to clarify the small watershed laws with
respect to project maintenance in Duplin, Pender and Sampson Counties.
Passes its third reading by the following vote and is ordered sent to the Senate.
1969] HOUSE JOURNAL 401
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell
of Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter,
Chase, Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles,
Elliott, Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin
of Gates, Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler,
Holshouser, Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson of Dup-
lin, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford, Kincaid,
Leatherman, Lilley, Love, Martin, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Penton, Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor,
Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall, Short, Snead, Soles,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson and Wills — -115.
Those voting in the negative are: None.
H. B. 520, a bill to be entitled an act to appoint two members to the Board
of Education of Swain County,
On motion of Representative Taylor of Transylvania, the Committee amend-
ment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 544, a bill to be entitled an act to provide for the nomination, election
and terms of office of members of the Washington County Board of Education.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 228, a bill to be entitled an act to amend Chapter 196, Session Laws of
1967, to authorize the appointment of Alcoholic Beverage Control officers in
the Town of Mt. Pleasant, and to specify their jurisdiction.
Passes its second and third readings and is ordered enrolled.
S. B. 229, a bill to be entitled an act to amend Chapter 195, Session Laws of
1967, to authorize the appointment of Alcoholic Beverage Control officers
in the City of Concord and to specify their jurisdiction.
Passes its second and third readings and is ordered enrolled.
H. B. 486, a bill to be entitled an act to amend Article 5, Chapter 87, Section
64 of the General Statutes relating to examination, renewal and reinstatement
fees for persons and firms engaged in refrigeration contracting.
Passes its third reading by the following vote and is ordered sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
402 HOUSE JOURNAL [Session
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Elliott,
Euliss, Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Gates,
Green, Gregory, Harkins, Harris, Haynes, Hege, Hicks, Hofler, Holshouser,
Horton, Jemison, Jernigan, Johnson of Cabarrus, Johnson of Duplin, Johnson
of Wake, Jones of Mecklenburg, Jones of Rutherford, Kincaid, Leatherman,
Lilley, Love, Martin, Mauney, Mayfield, McDaniel, McFadyen, McKnight,
McMichael, McMillan of Robeson, McMillan of Wake, Messer, Mills, Mitchell,
Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of Harnett, Penton,
Phillips, Quinn, Ragsdale, Ramsey of Madison, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Soles, Speros, Stanford,
Stevens, Stewart, Strickland, Tart, Taylor of Transylvania, Taylor of Wake,
Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley, Williamson and
Wills — 115.
Those voting in the negative are: None.
H. B. 208, a bill to be entitled an act to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed to
render professional services, and defining the powers and responsibilities of such
corporations and its members.
Passes its third reading as amended and is ordered engrossed and sent to the
Senate.
H. B. 403, a bill to be entitled an act to implement Chapter 55B of the General
Statutes relating to professional corporations, by amending certain other acts
to conform.
Passes its third reading and is ordered sent to the Senate.
S. B. 112, a bill to be entitled an act to provide for the creation of a tenancy
by the entirety in the division of land.
On motion of Representative Godwin of Gates, the bill is recommitted to the
Committee on Judiciary No. 1.
H. B. 207, a bill to be entitled an act to amend Chapter 20 of the General
Statutes of North Carolina increasing the driver license revocation time for
excessive speed to avoid apprehension and creating a new offense of unlawful
flight to avoid apprehension.
Representative Strickland offers an amendment which is adopted.
Representative Baugh moves consideration of the bill be postponed until
Tuesday, April 15, 1969.
This motion fails of adoption.
Representative Short offers an amendment which is adopted.
Passes its second reading as amended.
Representative Short objects to the third reading and the bill remains on the
Calendar.
1969] HOUSE JOURNAL 403
S. B. 95, a bill to be entitled an act to rewrite General Statutes 28-174, re-
lating to damages recoverable for death by wrongful act.
Representative Rose offers an amendment.
Representative Mills offers an amendment which is adopted.
Representative Martin offers an amendment.
Representative Godwin of Gates moves the amendment offered by Repre-
sentative Martin do lie upon the table. This motion prevails.
Representative Strickland calls the previous question.
Representative Messer calls for the "ayes" and "noes" on the passage of the
bill on the second reading. The call is sustained.
The bill passes its second reading by the following vote.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Beam, Billings, Blake, Boger, Boshamer, Bradley, Britt, Bryan,
Bumgardner, Burrus, Campbell of Mecklenburg, Campbell of Robeson, Camp-
bell of Wilson, Carson, Carter, Chase, Church, Clark, Coble, Collins, Culpepper,
DeBruhl, Elliott, Frye, Fulton, Garner, Gentry, Godwin of Gates, Green,
Harkins, Harris, Haynes, Hege, Hofler, Holshouser, Jemison, Jernigan, Johnson
of Cabarrus, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Leatherman, Lilley, Love, Mauney, McDaniel, McMichael, McMillan of Wake,
Mills, Mitchell, Mohn, Moore, Paschall, Penny of Durham, Penny of Harnett,
Penton, Phillips, Ramsey of Madison, Raynor, Reid, Rhyne, Ridenour, Roun-
tree, Royall, Short, Snead, Soles, Speros, Stanford, Stevens, Stewart, Strick-
land, Tart, Taylor of Wake, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson and Wills — 86.
Those voting in the negative are: Representatives Barr, Baugh, Beard,
Beatty, Bostian, Covington, Eagles, Euliss, Everett, Falls, Fenner, Gregory,
Hicks, Jones of Rutherford, Kincaid, Martin, McFadyen, McKnight, McMillan
of Robeson, Messer, Payne, Quinn, Ragsdale, Roberson, Rose, Taylor of
Transylvania and Tolbert — 27.
Representative Rose objects to the third reading.
On motion of Representative Johnson of Duplin, the rules are suspended in
order that the bill may be placed on its third reading.
Passes its third reading and is ordered returned to the Senate for concurrence
in House amendment.
] On motion of Representative Collins, duly seconded, the House adjourns to
meet tomorrow at 10 o'clock A. M.
SEVENTY-FIFTH DAY
House of Representatives
Friday, April 11, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
404 HOUSE JOURNAL [Session
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
A leave of absence is granted Representative Lilley for Monday night, April
13, 1969.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on the
Calendar as follows:
By Representative Gentry, for the Committee on Election Laws:
H. B. 472, a bill to be entitled an act to provide for a new registration of
voters in Ashe County in lieu of and prior to setting up a loose-leaf system other-
wise.
With a favorable report.
H. B. 487, a bill to be entitled an act to bring General Statutes 163-153(2) in
conformance with General Statutes 163-45.
With a favorable report.
H. B. 488, a bill to be entitled an act to remove the local modification to
General Statutes 163-69 as applicable to Wake County.
With a favorable report.
H. B. 604, a bill to be entitled an act requiring new voter registration in
counties.
With a favorable report.
By Representative Ramsey of Madison for the Committee on Local Govern-
ment:
H. B. 262, a bill to be entitled an act to amend the Charter of the Town of
Fairmont so as to fix the salary of the Mayor and the Town Commissioners.
With a favorable report, as amended.
H. B. 469, a bill to be entitled an act fixing the salary of the Board of Com-
missioners of Newport.
With a favorable report, as amended.
H. B. 470, a bill to be entitled an act changing the compensation of the Sheriff,
Register of Deeds and County Commissioners of Vance County.
With a favorable report, as amended.
H. B. 479, a bill to be entitled an act to amend Chapters 62 and 664 of the
1965 Session Laws relating to the compensation of the Chairman and other
members of the Pasquotank County Board of Commissioners.
1969] HOUSE JOURNAL 405
With a favorable report, as amended.
H. B. 482, a bill to be entitled an act to amend Chapter 121, Private Laws of
1931, relating to initiative referendum and recall in the City of Asheville.
With a favorable report, as amended.
H. B. 489, a bill to be entitled an act to amend Article 24 of Chapter 153 of
the General Statutes to permit the Board of Commissioners of Mecklenburg
County to exercise the power of eminent domain with respect to water and
sewer systems in the same manner as permitted in Article 9 of Chapter 136 of
the General Statutes.
With a favorable report, as amended.
H. B. 495, a bill to be entitled an act to establish the salaries and remuneration
of the Sheriff, Register of Deeds and the County Commissioners of Alamance
County.
With a favorable report, as amended.
H. B. 558, a bill to be entitled an act to authorize the Town of Highlands in
Macon County to make appropriations from non-tax funds for certain public
purposes.
With a favorable report, as amended.
H. B. 563, a bill to be entitled an act extending the time for municipal govern-
ing boards to fix their own compensation in 1969.
With a favorable report, as amended.
On motion of Representative Britt the rules are suspended and the bill is
placed on today's Calendar.
H. B. 616, a bill to be entitled an act to allow persons residing within annexed
areas of the Town of Mayodan to vote and to be eligible for office in the munici-
pal election of 1969.
With a favorable report.
j By Representative Ragsdale, for the Committee on Water and Air Resources:
S. B. 184, a bill to be entitled an act to amend Article 21, Chapter 143 of the
General Statutes to clarify the authority of local air pollution control programs.
■ With a favorable report.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
bllows:
By Representatives Gregory and Everett:
H. J. R. 671, a joint resolution commemorating the Halifax Resolves of April
H2, 1776, which authorized North Carolina delegates in the Continental Con-
gress to vote for independence.
406 HOUSE JOURNAL [Session
On motion of Representative Gregory the rules are suspended and the bill
is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION COMMEMORATING THE HALIFAX RE-
SOLVES OF APRIL 12, 1776, WHICH AUTHORIZED NORTH CAROLINA
DELEGATES IN THE CONTINENTAL CONGRESS TO VOTE FOR IN-
DEPENDENCE.
WHEREAS, the British Government had looked upon the American colonies
as a colonization venture to counteract the Spanish in the New World; and
WHEREAS, the thirteen colonies had been settled by the English and were
governed by the Mother Country; and
WHEREAS, the British Government had looked upon the American Colonies
as a means to increase revenue; and
WHEREAS, the British Government felt that the colonies should pay some
form of taxes to England in order to defray some of the expense of that govern-
ment; and
WHEREAS, the British Crown ignored the cries from its American Colonists,
and therefore, the American citizens were overburdened with unnecessary
taxation and restriction of freedoms; and
WHEREAS, the Stamp Act was passed by Parliament in 1765, which was
a tax on all transactions of legal papers in the colonies, which the colonies suc-
cessfully resisted; and
WHEREAS, other taxing measures were adopted by the British Govern-
ment, such as the Townsend Act and the Tea Tax, which likewise were suc-
cessfully resisted; and
WHEREAS, the people were against taxation without representation and
began to look more to their own resources, both political and legal; and
WHEREAS, the Fourth Provincial Congress meeting in Halifax in order to
formulate plans to strengthen the position of the people, on April 12, 1776,
voted to instruct the delegates in the Continental Congress to vote for in-
dependence from the Mother Country; and
WHEREAS, the date April 12, 1969, will mark the one hundred ninety-third
anniversary of the adoption of the significant and far-reaching Halifax Re-
solves;
NOW, THEREFORE, be it resolved by the House of Representatives, the
Senate concurring:
Section 1. That North Carolina, in the Town of Halifax, April 12, 1776,
'empowered' the colony's delegates to the Continental Congress, at its meeting
in the City of Philadelphia, 'to concur with the delegates of the other colonies
in declaring independency. . . .'
1969] HOUSE JOURNAL 407
Sec. 2. That North Carolina thereby was the first of all the 13 original
colonies to take official action for independence.
Sec. 3. That North Carolina by this action preceded by more than one month
similar action by Virginia, which was the second state thus to act.
Sec. 4. That through this action North Carolina forged the first link in a
chain of events that led directly to the Declaration of Independence on July 4,
1776.
Sec. 5. That this Resolution shall become a part of the public records of the
1969 Session of the General Assembly and that copies of this Resolution shall
be sent to the news media and to any interested groups or individuals, in order
that all North Carolinians learn and take pride in the actions of our forefathers
in their foresight and patriotic action in striving for independence of the 13
original colonies.
Sec. 6. All laws and clauses of laws in conflict with this Resolution are hereby
repealed.
Sec. 7. This Resolution shall be in full force and effect from and after its
ratification."
By Representatives Coble, Phillips, Payne, Short, Ridenour and Frye:
H. B. 672, a bill to be entitled an act to provide for garnishment and attach-
ment in collection of delinquent ambulance service charges due to certain
counties and municipalities.
Referred to Committee on Judiciary No. 1.
By Representative Lilley:
H. B. 673, a bill to be entitled an act enabling Lenoir County to hold a special
election for the purpose of considering whether the County shall or shall not
impose and levy a sales and use tax of one per cent upon the sale, use and other
taxable transaction upon which the State now imposes a three per cent sales
and use tax.
Referred to Committee on Finance.
By Representatives McDaniel and Jemison:
H. B. 674, a bill to be entitled an act to protect the Winston-Salem/Forsyth
County public schools from persons carrying firearms and other weapons.
Referred to Committee on Judiciary No. 1.
By Representative Church:
H. B. 675, a bill to be entitled an act to make Chapter 1058 of the Session
Laws of 1963 applicable to Vance County.
Referred to Committee on Local Government.
And,
408 HOUSE JOURNAL [Session
H. B. 676, a bill to be entitled an act to amend Chapter 810 of the Session
Laws of 1959 relating to the Supplemental Firemen's Retirement Fund of the
City of Henderson.
Referred to Committee on Local Government.
By Representatives Garner and Blake:
H. B. 677, a bill to be entitled an act to amend Chapter 543 of the Session
Laws of 1947 relating to the appointment of the Tax Supervisor for Randolph
County.
Referred to Committee on Local Government.
By Representatives Messer and Ramsey of Madison:
H. B. 678, a bill to be entitled an act authorizing the County Commissioners
of Haywood County to increase the compensation of certain personnel employed
by the County and to increase the compensation of the County Commissioners.
Referred to Committee on Local Government.
By Representative Mayfield:
H. B. 679, a bill to be entitled an act to revise and consolidate the Charter
of the City of Hendersonville and to repeal prior charter acts.
Referred to Committee on Local Government.
By Representative Bradley:
H. B. 680, a bill to be entitled an act to abolish civilian absentee voting in
Graham County.
Referred to Committee on Election Laws.
By Representative Ramsey of Person:
H. B. 681, a bill to be entitled an act to revise and clarify the law relating to
felonious assaults.
Referred to Committee on Judiciary No. 2.
And,
H. B. 682, a bill to be entitled an act to revise and clarify the law relating to
misdemeanor assaults.
Referred to Committee on Judiciary No. 2.
And,
H. B. 683, a bill to be entitled an act to fix the compensation of the members
of the Board of County Commissioners of Person County.
Referred to Committee on Local Government.
By Representative Culpepper by request:
1969] HOUSE JOURNAL 409
H. B. 684, a bill to be entitled an act enabling Pasquotank County to hold
a special election for the purpose of considering whether the county shall or
shall not impose and levy a sales and use tax of one per cent upon the sale, use
and other taxable transactions upon which the State now imposes a three per
cent sales and use tax.
Referred to Committee on Finance.
By Representatives Lilley and Elliott:
H. B. 685, a bill to be entitled an act to amend Section 2 of Chapter 339 of
the Private Laws of 1915, as amended by Chapter 218 of the Private Laws of
1929, extending the corporate limits of the City of LaGrange.
Referred to Committee on Local Government.
By Representatives Williamson and Soles:
H. B. 686, a bill to be entitled an act to amend the provisions of Articles 20A
and 20B of the General Statutes relating to county regulations of subdivisions
and zoning so as to make them applicable to Brunswick County.
Referred to Committee on Local Government.
By Representatives Barker, Godwin of Craven and Boshamer:
H. B. 687, a bill to be entitled an act to amend Chapter 375 of the Private
Laws for the Session of 1901 relating to water connections in the Town of Dover.
Referred to Committee on Local Government.
By Representative Gregory:
H. B. 688, a bill to be entitled an act to appropriate funds for historic Halifax
State Historic Site.
Referred to Committee on Appropriations.
By Representatives Reid and Rountree:
H. B. 689, a bill to be entitled an act to amend Chapter 79 of the Session Laws
of 1965 to change the corporate boundaries of the Town of Ayden.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 2, a bill to be entitled an act to establish a system of Youth Councils
that will provide the youth of North Carolina an opportunity to develop
leadership shills and become responsible citizens.
Referred to Committee on State Government.
S. B. 76, a bill to be entitled an act to provide for instruments to secure future
advances and future obligations.
410 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 2.
S. B. 361, a bill to be entitled an act to make the discharging of a firearm
into an occupied dwelling, building, shelter or other structure a felony.
Referred to Committee on Judiciary No. 1.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 478, a bill to be entitled an act to amend Chapter 609 of the Session
Laws of 1963 defining the corporate limits of the Town of Ahoskie.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Wilson, Carson, Carter, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jernigan, Johnson
of Cabarrus, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person,
Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Short, Soles,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson, and Wills — 107.
Those voting in the negative are: None.
H. B. 542, a bill to be entitled an act to revise and consolidate the Charter
of the Town of Nashville, North Carolina.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Wilson, Carson, Carter, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jernigan, Johnson
of Cabarrus, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person,
Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Short, Soles,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson, and Wills — 107.
1969] HOUSE JOURNAL 411
Those voting in the negative are: None.
H. B. 250, a bill to be entitled an act amending Chapter 593 of the Session
Laws of 1965 to increase the salary of the Register of Deeds of Clay County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 338, a bill to be entitled an act amending Chapter 775 of the Session
Laws of 1965 to eliminate the residency requirement for police and fire depart-
ment employees.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 339, a bill to be entitled an act to regulate and fix the salaries of the
Sheriff and Register of Deeds of Lenoir County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 446, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Pitt County to prescribe
regulations relating to the listing of property fortaxation in Pitt County, and
to authorize the Division, or combining of townships for tax listing purposes.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 471, a bill to be entitled an act to amend General Statutes 160-227.1
to make the subdivision laws applicable to municipalities in McDowell County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 480, a bill to be entitled an act to provide for the appointment and
compensation of the Pasquotank County accountant by the Board of County
Commissioners.
Passes its second and third readings and is ordered sent to the Senate.
H, B. 498, a bill to be entitled an act amending Chapter 382 of the Session
Laws of 1967 so as to authorize the Town of Kernersville to join with Forsyth
County and the City of Winston-Salem in joint purchasing arrangements.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 500, a bill to be entitled an act to establish the salaries of the Sheriff
and Register of Deeds of Wake County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 504, a bill to be entitled an act amending Chapter 1073 of the 1959
Session Laws so as to provide for the issuance of pistol permits in Clay County
by the Clerk of Superior Court.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 526, a bill to be entitled an act to amend General Statutes 105-345
relating to the prepayment of taxes and late interest charges in Mecklenburg
County and the City of Charlotte.
Passes its second and third readings and is ordered sent to the Senate.
412 HOUSE JOURNAL [Session
H. B. 527, a bill to be entitled an act to amend General Statutes 143-129
relating to purchases by Mecklenburg County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 538, a bill to be entitled an act to fix the salary of the Register of Deeds
of Rutherford County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 539, a bill to be entitled an act to fix the salary of the Sheriff of Ruther-
ford County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 547, a bill to be entitled an act to amend the Charter of the Town of
Cape Carteret with reference to the election and meetings of the Board of
Commissioners.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 549, a bill to be entitled an act relating to the compensation of the
Chairman and members of the Board of Education of Craven County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 554, a bill to be entitled an act to amend Sections 105-306(26); 105-308;
105-309 and 105-310 of the General Statutes of North Carolina in order to
authorize the Board of County Commissioners of Catawba County, to prescribe
regulations relating to the listing of property for taxation in that county, and
to authorize the division or combining of townships for tax listing purposes.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 556, a bill to be entitled an act to validate the special bond election
held in the Town of Lincolnton, North Carolina, on January 14, 1969.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 570, a bill to be entitled an act to amend Chapter 79 of the Session
Laws of 1965 to change the time of election in the Town of Ayden.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 590, a bill to be entitled an act to provide for the removal of unauthor-
ized motor vehicles from private parking lots in Wilson County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 600, a bill to be entitled an act to increase the membership of the
McDowell County Board of Commissioners and to provide for their term of
office and election.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 161, a bill to be entitled an act to amend Chapter 316 of the Session
Laws of 1947, as amended relating to professional bondsmen in Robeson County.
Passes its second and third readings and is ordered enrolled.
1969] HOUSE JOURNAL 413
S. B. 279, a bill to be entitled an act to provide for an election in the Town of
Farmville on the question of amending the Town Charter to establish the office
of Town Manager.
Passes its second and third readings and is ordered enrolled.
House Committee Substitute for S. B. 282, a bill to be entitled an act providing
for the determination of the tenure of office for members of the City Council
of the City of Roanoke Rapids.
Passes its second and third readings and is ordered sent to the Senate for
concurrence in House Committee Substitute.
A leave of absence for the remainder of the Session today is granted Repre-
sentative Rose.
S. B. 120, a bill to be entitled an act to amend the Federal Tax Lien Regi-
stration Act to comply with the Federal Tax Lien Act of 1966.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Wilson, Carson, Carter, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jernigan, Johnson
of Cabarrus, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person,
Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Short, Soles,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson and Wills — 107.
Those voting in the negative are: None.
H. B. 207, a bill to be entitled an act to amend Chapter 20 of the General
Statutes of North Carolina increasing the driver license revocation time for
excessive speed to avoid apprehension and creating a new offense of unlawful
flight to avoid apprehension.
Representative Carson offers an amendment which is adopted.
Representative Wills offers an amendment.
Representative Ramsey of Person moves the amendment do lie upon the
table. This motion prevails.
Representative McMillan of Wake calls the previous question. The call is
sustained.
Now the question recurs on the passage of the bill on its third reading.
414 HOUSE JOURNAL [Session
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
S. B. 144, a bill to be entitled an act amending Article IV of Chapter 84 of the
General Statutes so as to permit district bar associations to assess and collect
annual membership fees for the promotion and maintenance of its admini-
stration, activities and programs.
Passes its second reading by the following vote and remains on the Calendar.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Billings, Blake, Boger, Boshamer,
Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of Mecklen-
burg, Campbell of Wilson, Carson, Carter, Church, Clark, Coble, Collins,
Covington, Culpepper, DeBruhl, Eagles, Elliott, Euliss, Everett, Falls, Fenner,
Frye, Fulton, Garner, Gentry, Godwin of Gates, Green, Gregory, Harkins,
Harris, Haynes, Hege, Hicks, Hofler, Holshouser, Horton, Jernigan, Johnson
of Cabarrus, Johnson of Wake, Jones of Mecklenburg, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mauney, Mayfield, McDaniel, McFadyen,
McKnight, McMichael, McMillan of Robeson, McMillan of Wake, Messer,
Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham, Penny of
Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of Person,
Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Short, Soles,
Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of Transylvania,
Taylor of Wake, Tolbert, Troxell, Twiggs, Vogler, Warlick, Watkins, Whitley,
Williamson and Wills — 107.
Those voting in the negative are: None.
H. B. 375, a bill to be entitled an act to authorize the temporary questioning
of persons in public places and a search for weapons during temporary question-
ing.
On motion of Representative Strickland the Committee amendment is
adopted.
On motion of Representative Strickland consideration of the bill is postponed
until Tuesday, April 15, 1969.
H. B. 394, a bill to be entitled an act revising Article 6A of Chapter 153 of the
General Statutes of North Carolina concerning the salaries of county officers
and employees.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 437, a bill to be entitled an act to rewrite General Statutes 35-42 to
provide that the Secretary of the Eugenics Board shall be an employee of the
State Department of Public Welfare and shall be designated by the Com-
missioner of Public Welfare.
On motion of Representative Green consideration of the bill is postponed
until Monday, April 14, 1969.
1969] HOUSE JOURNAL 415
H. B. 449, a bill to be entitled an act amending Chapter 308, Session Laws of
1959, extending the time for issuance of bonds by counties and municipalities
for providing storage of water at projects constructed pursuant to the Act of
Congress cited as "Water Supply Act of 1958".
Passes its second and third readings and is ordered sent to the Senate.
H. B. 494, a bill to be entitled an act to authorize municipalities to transfer
and convey cemecery property and perpetual care funds to religious and chari-
table organizations.
On motion of Representative Gregory the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 528, a bill to be entitled an act relating to substitute trustees under
Deeds of Trust, and providing for the validation of certain acts done by such
substitute trustees before April 1, 1969.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Tuesday, April 15, 1969.
H. B. 529, a bill to be entitled an act to amend General Statutes 18-37 and
18-38 relating to the State Board of Alcoholic Control and the Director of the
Board.
Representative McMillan of Robeson calls the previous question. The call
is sustained.
Representative Taylor of Transylvania calls for the "ayes" and "noes" on
the question of the passing of the bill on its second reading.
Passes its second reading by the following vote.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Baugh, Beam, Boshamer, Britt, Bryan, Bumgardner, Campbell
of Mecklenburg, Carter, Church, Clark, Collins, Culpepper, DeBruhl, Eagles,
Elliott, Euliss, Everett, Falls, Fenner, Frye, Gentry, Godwin of Gates, Gregory,
Harkins, Harris, Hicks, Hofler, Jernigan, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Lilley, Love, Mauney, McFadyen, McMichael,
McMillan of Robeson, McMillan of Wake, Messer, Mills, Mohn, Moore,
Paschall, Penny of Durham, Penny of Harnett, Phillips, Ragsdale, Ramsey
of Madison, Ramsey of Person, Reid, Rhyne, Ridenour, Roberson, Rountree,
Short, Soles, Speros, Stanford, Stevens, Stewart, Strickland, Tart, Taylor of
Wake, Twiggs, Vogler, Watkins and Williamson — 71.
Those voting in the negative are: Representatives Beard, Blake, Boger,
Bostian, Bradley, Carson, Coble, Fulton, Garner, Haynes, Hege, Holshouser,
Horton, Jemison, Kincaid, Mayfield, McDaniel, McKnight, Mitchell, Payne,
Taylor of Transylvania, Tolbert, Troxell, Warlick, and Wills — 25.
Those voting "Present" are: Representative Billings — 1.
Representative Holshouser moves the bill be rereferred to a Judiciary Com-
mittee.
416 HOUSE JOURNAL [Session
Representative DeBruhl moves the motion offered by Representative Hols-
houser do lie upon the table. This motion prevails.
Representative McMillan of Robeson calls the previous question. The call
is sustained.
Now the question recurs to the passage of the bill on its third reading.
Passes its third reading and is ordered sent to the Senate.
H. B. 563, a bill to be entitled an act extending the time for municipal govern-
ing boards to fix their own compensation in 1969.
On motion of Representative Britt the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered sent to the
Senate without engrossment.
H. B. 611, a bill to be entitled an act amending Article 21 of Chapter 130 of
the General Statutes of North Carolina relating to medical examiners.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 26, a bill to be entitled an act to establish the North Carolina Under-
writing Association so as to provide a method whereby adequate fire and ex-
tended coverage insurance may be obtained in the beach area of North Carolina.
On motion of Representative Collins the Committee amendment is adopted.
Passes its second and third readings, as amended, and is ordered sent to the
Senate for concurrence in House amendment.
S. B. 129, a bill to be entitled an act to amend General Statutes 114-19 re-
lating to taking photographs of persons charged with criminal offenses.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Tuesday, April 15, 1969.
S. B. 214, a bill to be entitled an act to amend General Statutes 20-183.2(c)
concerning safety equipment inspections of motor vehicles sold at retail.
Passes its second and third readings and is ordered enrolled.
S. B. 222, a bill to be entitled an act to clarify General Statutes 20-28.1
relating to revocation of driving privileges of persons who drive while licenses
are revoked or suspended.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Monday, April 14, 1969.
S. B. 237, a bill to be entitled an act to provide for a period of probation when
a new driver's license is issued under the provisions of General Statutes 20-19(e).
Passes its second reading.
Representative Baugh objects to the third reading and the bill remains on
the Calendar.
S. B. 247, a bill to be entitled an act relating to filling vacancies on boards of
county commissioners.
1969] HOUSE JOURNAL 417
Passes its second and third readings and is ordered enrolled.
S. J. R. 255, a joint resolution requesting the Department of Motor Vehicles
to change the numbering system currently employed in the issuance of official
automobile registration plates to members of the General Assembly.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:
H. B. 366. An Act amending the Charter of the City of New Bern in Craven
County.
H. B. 552. An Act to provide an emergency appropriation from the General
Fund for the purpose of supplementing the appropriation to North Carolina
State University at Raleigh for the construction of a Nuclear Science and
Engineering Research Center.
On motion of Representative Andrews, duly seconded, the House adjourns
to meet tomorrow at 1:00 o'clock P. M.
SEVENTY-SIXTH DAY
House of Representatives
Saturday, April 12, 1969
The House meets pursuant to adjournment and is called to order by Repre-
sentative Andrews, designated by Mr. Speaker Vaughn as Speaker Pro Tempore.
Prayer is offered by Mr. Glenn Ogburn, Sergeant-at-Arms Staff.
Representative Twiggs, for the Committee on the Rules and Operation of the
House, reports the Journal of yesterday has been examined, found correct, and
without objection the same stands approved as written.
Representative Andrews appointed Patti Andrews as Page of the House.
She served on a volunteer basis.
On motion of Representative Andrews, duly seconded, the House adjourns
to meet Monday night at 8:00 o'clock.
SEVENTY- SEVENTH DAY
House of Representatives
Monday night, April 14, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
418 HOUSE JOURNAL [Session
Prayer is offered by the Reverend Collins Kilburn, House Chaplain.
Representative Collins, for the Committee on the Rules and Operation of
the House, reports the Journal of Saturday has been examined, found correct,
and without objection the same stands approved as written.
A leave of absence is granted Representatives Elliott, and Johnson of Cabarrus
for tonight.
An indefinite leave is granted Representative Troxell due to illness.
On motion of Representatives Williamson and Soles, the courtesies of the
floor are extended to the Honorable Odell Williamson, a former member of
the House from Brunswick County.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative McMichael:
H. B. 690, a bill to be entitled an act to provide supplemental retirement
funds for firemen in the City of Reidsville and to modify the application of
General Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to
the City of Reidsville.
Referred to Committee on Local Government.
By Representative Penny of Harnett:
H. B. 691, a bill to be entitled an act relating to the compensation of the
Register of Deeds of Harnett County.
Referred to Committee on Local Government.
By Representatives Raynor, Bryan, Carter, and Rose:
H. B. 692, a bill to be entitled an act to repeal Chapter 942 of the Session
Laws of 1945 and to fix the pay of the Chairman and Members of the Board of
Education of Cumberland County.
Referred to Committee on Local Government.
By Representative DeBruhl:
H. B. 693, a bill to be entitled an act to repeal Chapter 396, Public-Local
Laws of 1937, relating to the sale of beer and wine in the Village of Swannanoa.
Referred to Committee on Alcoholic Beverage Control.
By Representative Blake and Garner:
H. B. 694, a bill to be entitled an act to authorize the Montgomery County
Board of Education to enter into written agreements with the employees of
said Board to deduct specified sums from the salaries of the employees for
hospitalization insurance.
Referred to Committee on Education.
1969] HOUSE JOURNAL 419
By Representative Church:
H. B. 695, a bill to be entitled an act to amend the Charter of the City of
Henderson, Chapter 780 of the Session Laws of 1967.
Referred to Committee on Local Government.
By Representative Roberson and Burrus:
H. B. 696, a bill to be entitled an act to establish an additional seat of court
in Beaufort County.
Referred to Committee on Courts and Judicial Districts.
By Representatives Rountree and Reid:
H. B. 697, a bill to be entitled an act authorizing the Pitt County Board of
Education to lease the Fountain Elementary School facility to the Fountain
Community Development Corporation for a period in excess of one year.
Referred to Committee on Local Government.
By Representative Snead:
H. B. 698, a bill to be entitled an act to amend Chapter 305 of the Private
Laws of 1899, as amended by Chapter 519 of the Session Laws of 1965, relating
to the compensation of the mayor and aldermen of the Town of Wrightsville
Beach.
Referred to Committee on Local Government.
By Representatives Jones of Mecklenburg and Chase:
H. B. 699, a bill to be entitled an act to amend Chapter 110 of the General
Statutes to prohibit the exhibiting of mentally or physically defective children.
Referred to Committee on Mental Health.
By Representatives Jemison, McDaniel, Wills, Horton, and McKnight:
H. B. 700, a bill to be entitled an act to provide a supplemental welfare fund
for firemen in the County of Forsyth.
Referred to Committee on Local Government.
By Representatives Garner and Blake:
H. B. 701, a bill to be entitled an act authorizing the Town of Asheboro to
lease property to Ash-Rand Rescue, Inc., a non-stock non-profit corporation.
Referred to Committee on Local Government.
By Representative Church and Speed:
H. B. 702, a bill to be entitled an act to authorize the School Board of the
Franklinton City Schools in Franklin County to transfer surplus from Capital
Outlay Fund to Current Expense Fund for fiscal 1968-1969 and subsequent
years.
Referred to Committee on Education.
420 HOUSE JOURNAL [Session
By Representative Covington:
H. B. 703, a bill to be entitled an act providing that money raised for the
Richmond Technical Institute either through tax levy or bond issue may be
used for community college purposes.
Referred to Committee on Education.
By Representative Hege and Snyder:
H. B. 704, a bill to be entitled an act to permit the City of Thomasville to
operate and maintain a cable television system.
Referred to Committee on Local Government.
By Representative Falls:
H. B. 705, a bill to be entitled an act to amend Chapter 68 of the General
Statutes of North Carolina relating to fences.
Referred to Committee on Agriculture.
And,
H. B. 706, a bill to be entitled an act to repeal General Statutes 68-5 per-
taining to the building of unguarded barbed-wire fences along public highways.
Referred to Committee on Agriculture.
By Representative Kincaid:
H. B. 707, a bill to be entitled an act to appropriate funds for the restoration
of the home of General William Lenoir in Caldwell County.
Referred to Committee on Appropriations.
And,
H. B. 708, a bill to be entitled an act to authorize an election on the question
of incorporating the Town of Sawmills in Caldwell County.
Referred to Committee on Local Government.
By Representatives Wills and McKnight:
H. B. 709, a bill to be entitled an act to abolish the office of coroner in Forsyth
County.
Referred to Committee on Local Government.
By Representatives Soles and Williamson:
H. B. 710, a bill to be entitled an act to authorize the governing board of
the Town of Lake Waccamaw to regulate the subdivision of the land in and
around said Town and within 2,000 feet inland around the boundaries of Lake
Waccamaw.
Referred to Committee on Local Government.
By Representative Horton:
1969] HOUSE JOURNAL 421
H. B. 711, a bill to be entitled an act to authorize the Winston-Salem/Forsyth
County Board of Education to convey certain lands to the North Carolina
School of the Arts Foundation, Inc.
Referred to Committee on Education.
By Representatives Godwin of Craven, Barker and Boshamer:
H. B. 712, a bill to be entitled an act to amend the Charter of the Town of
Havelock to exclude from within the town limits a portion thereof used pri-
marily for agriculture purposes.
Referred to Committee on Local Government.
By Representatives Stanford and Andrews:
H. B. 713, a bill to be entitled an act enabling Orange County to hold a
special election for the purpose of considering whether the County shall or
shall not impose and levy a sales and use tax of one per cent upon the sale,
use and other taxable transactions upon which the State now imposes a three
per cent sales and use tax.
Referred to Committee on Finance.
By Representative Stanford:
H. B. 714, a bill to be entitled an act to redefine the extraterritorial zoning
and subdivision jurisdiction of the Town of Chapel Hill and Carrboro.
Referred to Committee on Local Government.
And,
H. B. 715, a bill to be entitled an act authorizing the Town of Chapel Hill
to acquire an entire structure or parcel of land when it is severed by street
right-of-way and to provide an additional procedure by which the Town of
Chapel Hill may acquire property for public purposes by eminent domain.
Referred to Committee on Local Government.
By Representative Collins:
H. B. 716, a bill to be entitled an act to fix the salaries of the Board of County
Commissioners and the Board of Education of Alleghany County.
Referred to Committee on Local Government.
By Representatives Twiggs, Taylor of Wake, Johnson of Wake, and McMillan
of Wake:
H. B. 717, a bill to be entitled an act to provide supplemental retirement
funds for firemen in the City of Raleigh and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Raleigh.
Referred to Committee on Local Government.
By Representatives Fenner, Eagles and Barbee:
422 HOUSE JOURNAL [Session
H. B. 718, a bill to be entitled an act to extend the corporate limits of the
Town of Battleboro.
Referred to Committee on Local Government.
And,
H. B. 719, a bill to be entitled an act to fix the compensation of the members
of the County Board of Health of Edgecombe County.
Referred to Committee on Local Government.
And,
H. B. 720, a bill to be entitled an act to fix compensation of members of the
County Board of Public Welfare of Edgecombe County.
Referred to Committee on Local Government.
By Representatives Godwin of Gates, and Culpepper:
H. B. 721, a bill to be entitled an act to amend Chapter 568, Session Laws of
North Carolina, Regular Session 1965, entitled "an act requiring a building
permit in Chowan County".
Referred to Committee on Local Government.
And,
H. B. 722, a bill to be entitled an act to repeal Chapter 565, Session Laws
of 1961, relating to the compensation of certain officials in Gates County.
Referred to Committee on Local Government.
By Representative Johnson of Wake:
H. B. 723, a bill to be entitled an act to amend Chapter 664 of the Session
Laws of 1961, the Charter of the Town of Garner for the following purposes:
to eliminate the requirement of a majority vote not in conformity with the
General Statutes, to clarify town manager's authority to remove town em-
ployees, to eliminate provisions applicable to recorder's court judge and solic-
itor, and to remove limitations on purchase and contract procedures covered
by General Statutes.
Referred to Committee on Local Government.
By Representatives Twiggs, Johnson of Wake, McMillan of Wake, and Taylor
of Wake:
H. B. 724, a bill to be entitled an act relating to discounts for payment of
taxes in Wake County.
Referred to Committee on Local Government.
By Representatives Godwin of Gates, and Culpepper:
H. B. 725, a bill to be entitled an act authorizing the Board of County Com-
missioners and the County ABC Board of Gates County to jointly employ law
enforcement officers.
1969] HOUSE JOURNAL 423
Referred to Committee on Judiciary No. 1.
By Representatives Short, Phillips, Coble, Ridenour, Payne and Frye:
H. B. 726, a bill to be entitled an act to amend Chapter 144 of the Public-
Local Laws of 1937, as amended, relating to the Civil Service Act of the City
of High Point.
Referred to Committee on Local Government.
And,
H. B. 727, a bill to be entitled an act amending Chapter 337, Session Laws
of 1967, relating to the salaries of the members of the City Council and the
Mayor of the City of High Point.
Referred to Committee on Local Government.
And,
H. B. 728, a bill to be entitled an act to amend General Statutes 153-266.3
relating to sub-division regulations in Guilford County.
Referred to Committee on Local Government.
And,
H. B. 729, a bill to be entitled an act to amend Chapter 235 of the Session
Laws of 1949, as amended by Chapter 1228 of the Session Laws of 1959 and as
amended further by Chapter 1070 of the Session Laws of 1963 relating to the
salary of the Sheriff of Guilford County.
Referred to Committee on Local Government.
By Representatives Fenner, Barbee and Eagles:
H. B. 730, a bill to be entitled an act amending the Charter of the City of
Rocky Mount.
Referred to Committee on Local Government.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and dis-
posed of as follows:
S. B. 298, a bill to be entitled an act to amend Chapter 385, Session Laws,
1949, as amended, relating to the schools of the Greensboro City Adminis-
trative unit and governing body thereof.
Referred to Committee on Education.
S. B. 338, a bill to be entitled an act authorizing the Greensboro City Board
of Education to execute and deliver a quitclaim deed for certain land.
Referred to Committee on Judiciary No. 1.
424 HOUSE JOURNAL [Session
S. B. 346, a bill to be entitled an act to provide for the codification and
printing of the Revenue Act, the same being Chapter 158 of the Public Laws
of 1939, as amended.
Referred to Committee on Finance.
S. B. 347, a bill to be entitled an act to provide for the codification and printing
of the Machinery Act, the same being Chapter 310 of the Public Laws of 1939,
as amended.
Referred to Committee on Finance.
S. B. 372, a bill to be entitled an act to amend Article 6 of Chapter 90 of the
General Statutes so as to require continuing education for optometrists and for
other purposes.
Referred to Committee on Health.
S. B. 381, a bill to be entitled an act to authorize certain municipal corpora-
tions in Moore County to hold an election for the sale of beer and wine.
Referred to Committee on Alcoholic Beverage Control.
S. B. 382, a bill to be entitled an act to amend General Statutes 130-129 re-
lating to the compensation of members of a Sanitary District Board.
Referred to Committee on Local Government.
S. B. 383, a bill to be entitled an act to authorize the Board of Commissioners
of Martin County and the Board of Education of Martin County to convey
certain lands to Martin Technical Institute at private sale.
Referred to Committee on Local Government.
S. B. 230, a bill to be entitled an act to amend Chapter 11 5A of the General
Statutes by adding General Statutes 115A-9.1 permitting disposition of real and
personal property by community colleges.
Referred to Committee on Judiciary No. 2.
S. J. R. 365, a joint resolution to encourage the North Carolina State Board
of Nursing and the schools giving courses in practical nursing to give considera-
tion to training successfully completed by persons in registered nurses courses.
Referred to Committee on Health.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 478, a bill to be entitled an act to amend Chapter 609 of the Session
Laws of 1963 defining the corporate limits of the Town of Ahoskie.
Passes its third reading by the following vote and is ordered sent to the Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss,
1969] HOUSE JOURNAL 425
Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harris, Haynes, Hege, Hicks, Hofler, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklenburg,
Jones of Rutherford, Kincaid, Leatherman, Love, Mauney, McDaniel, Mc-
Fadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speros, Stanford, Stevens, Strickland, Tart, Taylor
of Wake, Tolbert, Twiggs, Vogler, Warlick, Williamson, and Wills — 105.
Those voting in the negative are: None.
H. B. 542, a bill to be entitled an act to revise and consolidate the Charter
of the Town of Nashville, North Carolina.
Passes its third reading by the following vote and is ordered sent to the
Senate.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss,
Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harris, Haynes, Hege, Hicks, Hofler, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Love, Mauney, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey of
Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speros, Stanford, Stevens, Strickland, Tart,
Taylor of Wake, Tolbert, Twiggs, Vogler, Warlick, Williamson, and Wills — 105.
Those voting in the negative are: None.
H. B. 262, a bill to be entitled an act to amend the Charter of the Town of
Fairmont so as to fix the salary of the Mayor and the Town Commissioners.
On motion of Representative Ramsey of Madison the committee amendment
is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 469, a bill to be entitled an act fixing the salary of the Board of Com-
missioners of Newport.
On motion of Representative Ramsey of Madison the Committee amend-
ment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
426 HOUSE JOURNAL [Session
H. B. 470, a bill to be entitled an act changing the compensation of the Sheriff,
Register of Deeds and County Commissioners of Vance County.
On motion of Representative Church the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 472, a bill to be entitled an act to provide for a new registration of
voters in Ashe County in lieu of and prior to setting up a loose-leaf system other-
wise.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 479, a bill to be entitled an act to amend Chapters 62 and 664 of the
1965 Session Laws relating to the compensation of the Chairman and other
members of the Pasquotank County Board of Commissioners.
On motion of Representative Ramsey of Madison the Committee amendment
is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 482, a bill to be entitled an act to amend Chapter 121, Private Laws of
1931, relating to initiative, referendum and recall in the City of Asheville.
On motion of Representative Ramsey of Madison the Committee amendment
is adopted.
Passes its second and third readings as amended and is ordered engrossed and
sent to the Senate.
H. B. 488, a bill to be entitled an act to remove the local modification to
General Statutes 163-69 as applicable to Wake County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 489, a bill to be entitled an act to amend Article 24 of Chapter 153 of
the General Statutes to permit the Board of Commissioners of Mecklenburg
County to exercise the power of eminent domain with respect to water and
sewer systems in the same manner as permitted in Article 9 of Chapter 136
of the General Statutes.
On motion of Representative Vogler the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 495, a bill to be entitled an act to establish the salaries and remuner-
ation of the Sheriff, Register of Deeds and the County Commissioners of Ala-
mance County.
On motion of Representative Harris the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
1969] HOUSE JOURNAL 427
H. B. 558, a bill to be entitled an act to authorize the Town of Highlands in
Macon County to make appropriations from non-tax funds for certain public
purposes.
On motion of Representative Bradley the Committee amendment is adopted.
Passes its second and third readings as amended and is ordered engrossed
and sent to the Senate.
H. B. 616, a bill to be entitled an act to allow persons residing within annexed
areas of the Town of Mayodan to vote and to be eligible for office in the munici-
pal election of 1969.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 144, a bill to be entitled an act amending Article IV of Chapter 84 of the
General Statutes so as to permit district bar associations to assess and collect
annual membership fees for the promotion and maintenance of its admini-
stration, activities and programs.
Passes its third reading by the following vote and is ordered enrolled.
Those voting in the affirmative are: Representatives Andrews, Auman,
Barbee, Barker, Barr, Baugh, Beam, Beard, Beatty, Billings, Blake, Boger,
Boshamer, Bostian, Bradley, Britt, Bryan, Bumgardner, Burrus, Campbell of
Mecklenburg, Campbell of Robeson, Campbell of Wilson, Carson, Carter, Chase,
Church, Clark, Coble, Collins, Covington, Culpepper, DeBruhl, Eagles, Euliss,
Everett, Falls, Fenner, Frye, Fulton, Garner, Gentry, Godwin of Craven,
Godwin of Gates, Green, Gregory, Harris, Haynes, Hege, Hicks, Hofier, Horton,
Jemison, Jernigan, Johnson of Duplin, Johnson of Wake, Jones of Mecklen-
burg, Jones of Rutherford, Kincaid, Leatherman, Love, Mauney, McDaniel,
McFadyen, McKnight, McMichael, McMillan of Robeson, McMillan of Wake,
Messer, Mills, Mitchell, Mohn, Moore, Paschall, Payne, Penny of Durham,
Penny of Harnett, Phillips, Quinn, Ragsdale, Ramsey of Madison, Ramsey
of Person, Raynor, Reid, Rhyne, Ridenour, Roberson, Rose, Rountree, Royall,
Short, Snead, Snyder, Soles, Speros, Stanford, Stevens, Strickland, Tart,
Taylor of Wake, Tolbert, Twiggs, Vogler, Warlick, Williamson, and Wills — 105.
Those voting in the negative are: None.
S. B. 237, a bill to be entitled an act to provide for a period of probation when
a new driver's license is issued under the provisions of General Statutes 20-19
(e).
Passes its third readings and is ordered enrolled.
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
On motion of Representative Collins consideration of the bill is postponed
until tomorrow, April 15, 1969.
H. B. 437, a bill to be entitled an act to rewrite General Statutes 35-42 to
provide that the secretary of the Eugenics Board shall be an employee of the
State Department of Public Welfare and shall be disignated by the Com-
missioner of Public Welfare.
428 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
H. B. 487, a bill to be entitled an act to bring General Statutes 163-153(2) in
conformance with General Statutes 163-45.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 604, a bill to be entitled an act requiring new voter registration in
counties.
Passes its second reading.
Representative Johnson of Wake objects to the third reading and the bill
remains on the Calendar.
S. B. 184, a bill to be entitled an act to amend Article 21, Chapter 143 of the
General Statutes to clarify the authority of local air pollution control programs.
On motion of Representative Eagles consideration of the bill is postponed
until Thursday, April 17, 1969.
S. B. 222, a bill to be entitled an act to clarify General Statutes 20-28.1 re-
lating to revocation of driving privileges of persons who drive while licenses are
revoked or suspended.
On motion of Representative Godwin of Gates consideration of the bill is
postponed until Thursday, April 17, 1969.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 95. An Act to rewrite General Statutes 28-174, relating to damages
recoverable for death by wrongful act.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12:00 o'clock Noon.
SEVENTY-EIGHTH DAY
House of Representatives
Tuesday, April 15, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend Charles Easley, Pastor of St. Matthews
Lutheran Church, Kings Mountain, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
1969] HOUSE JOURNAL 429
Mr. Speaker Vaughn appoints the following to attend the inauguration of
Dr. Alex S. Pow as President of Western Carolina University at Cullowhee,
North Carolina, on April 24: Representatives Harkins, Messer, Stevens, and
Taylor of Transylvania.
A leave of absence is granted Representative Harkins for Monday night,
April 14, 1969 and today.
A leave of absence is granted Representative Ragsdale for today.
On motion of Representative Lilley, the rules are suspended so that he may
present Colonel Charles E. Yeager. Colonel Yeager approaches the well of the
House where he makes a few remarks.
On motion of Representative Eagles, the courtesies of the floor are extended to
the Honorable John O. Gunn, a former member of the House from Caswell
County.
An idenfinite leave of absence is granted Representative Soles beginning
Friday, April 18, 1969.
On motion of Representatives Ramsey of Person, and Watkins, the courtesies
of the floor are extended to the Honorable Joe Watkins, a former member
from Granville County.
On motion of Representative Bryan, the courtesies of the floor are extended
to the Honorable Wilson Yarborough, a former member of the House from
Cumberland County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on
the Calendar, as follows:
By Representative Jernigan, for the Committee on Conservation and De-
velopment:
H. B. 452, a bill to be entitled an act amending Article I of Chapter 113 of
the General Statutes relating to the Board of Conservation and Development
and the Director thereof.
With a favorable report, as amended.
By Representative Paschall, for the Committee on Highway Safety:
H. B. 166, a bill to be entitled an act to amend General Statutes 20-118
concerning axle weights.
With a favorable report, as amended.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 197, a bill to be entitled an act to amend General Statutes 162-5 per-
taining to the procedure for filling a vacancy in the office of Sheriff.
With a favorable report, as amended.
430 HOUSE JOURNAL [Session
H. B. 204, a bill to be entitled an act to assure equal treatment of all citizens
of Gaston County when fees are charged for certain services furnished by the
County.
With a favorable report.
H. B. 430, a bill to be entitled an act to exempt North Carolina from the
Federal Act making daylight savings time mandatory.
With an unfavorable report.
H. B. 523, a bill to be entitled an act to amend Chapter 105 of the General
Statutes to provide limitations upon the use to be made of lists of employees
furnished tax collectors.
With a favorable report.
H. B. 636, a bill to be entitled an act to amend Chapter 14, Section 197 of
the General Statutes of North Carolina by removing Dare County as an ex-
empted county from the provisions of this act relating to the use of indecent
language.
With a favorable report.
H, B. 637, a bill to be entitled an act to amend Chapter 14, Section 269.1
of the General Statutes of North Carolina by removing Dare County as an
exempted county from the provisions of this Act relating to the confiscation
of firearms.
With a favorable report.
H. B. 638, a bill to be entitled an act prohibiting the use of rifles in the main-
land area of Dare County from the northern boundary line of the Town of
Kill Devil Hills to the northern boundary line of the County of Dare.
With a favorable report.
H. B. 725, a bill to be entitled an act authorizing the Board of County Com-
missioners and the County Alcoholic Beverage Control Board of Gates County
to jointly employ law enforcement officers.
With a favorable report.
S. B. 338, a bill to be entitled an act authorizing the Greensboro City Board
of Education to execute and deliver a quitclaim deed for certain land.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 608, a bill to be entitled an act to rewrite General Statutes 148-23,
regulating the conduct of prison employees.
With a favorable report.
1969] HOUSE JOURNAL 431
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Hofler, Royall, and Penny of Durham:
H. B. 731, a bill to be entitled an act to amend General Statutes 143-129 re-
lating to the letting of public contracts and purchases by the City of Durham.
Referred to Committee on Local Government.
By Representatives Garner and Blake:
H. B. 732, a bill to be entitled an act to authorize an election on the question
of incorporating the City of Archdale-Trinity in Randolph County and re-
pealing the Charters of the Towns of Archdale and Trinity.
Referred to Committee on Local Government.
By Representatives Horton, McDaniel, Wills, Jemison and McKnight:
H. B. 733, a bill to be entitled an act amending the Teachers' and State
Employees' Retirement Act so as to make the election of retirement option
effective upon execution of such option.
Referred to Committee on State Personnel.
By Representative Church:
H. B. 734, a bill to be entitled an act to permit coroners, health directors,
and county physicians to be appointed as medical examiners.
Referred to Committee on Health.
By Representatives Tolbert and Boger:
H. B. 735, a bill to be entitled an act amending General Statutes 7-64 re-
lating to the jurisdiction of the superior and inferior courts so as to make same
applicable to Iredell County.
Referred to Committee on Courts and Judicial Districts.
By Representatives Frye, Short, Coble, Payne, Phillips and Ridenour:
H. B. 736, a bill to be entitled an act providing a method for amendment
of the Charter of the City of Greensboro with respect to the composition and
mode of election of the Mayor and City Council.
Referred to Committee on Local Government.
By Representative Carter:
H. B. 737, a bill to be entitled an act to amend General Statutes 160-4.1 to
allow municipalities becoming reactivated after the decennial census to file
estimates of population in order to participate in State collected funds.
Referred to Committee on Finance.
And,
432 HOUSE JOURNAL [Session
H. B. 738, a bill to be entitled an act to amend General Statutes 136-41.1 to
direct the State Highway Commission to pay the 1968 allocation of the Powell
Bill Funds to the Town of Wade from the one percent (1 %) of the appropriation
withheld.
Referred to Committee on Roads.
By Representative DeBruhl:
H. B. 739, a bill to be entitled an act to amend Section 3 of Chapter 936 of
the Session Laws of 1963 and Section 1 of Chapter 698 of the Session Laws of
1965 to increase the salaries of the Chairman and one Commissioner of the
Board of Commissioners of Buncombe County.
Referred to Committee on Local Government.
And,
H. B. 740, a bill to be entitled an act to increase the salaries of the Tax Col-
lector, Register of Deeds and Sheriff of Buncombe County.
Referred to Committee on Local Government.
By Representative Gentry:
H. B. 741, a bill to be entitled an act to amend Chapter 163 of the General
Statutes of North Carolina so as to require that all counties adopt the full-
time registration of voters.
Referred to Committee on Election Laws.
By Representative Green, by request:
H. B. 742, a bill to be entitled an act to amend General Statutes 160-402 re-
lating to the limitation of the maximum tax rate for general purposes, as the
same applies to the Town of Elizabethtown in Bladen County.
Referred to Committee on Finance.
By Representative Mayfield:
H. B. 743, a bill to be entitled an act to appropriate funds for the Henderson
County Technical Institute.
Referred to Committee on Appropriations.
By Representatives Stewart, Rhyne, Bumgardner and Leatherman:
H. B. 744, a bill to be entitled an act fixing the salaries of the Mayor and
Commissioners of the City of Cherryville in Gaston County.
Referred to Committee on Local Government.
And,
H. B. 745, a bill to be entitled an act enabling the City of Lincolnton and the
City of Cherryville to jointly establish an airport and providing for the main-
tenance of a joint airport by said cities.
1969] HOUSE JOURNAL 433
Referred to Committee on Local Government.
And,
H. B. 746, a bill to be entitled an act to create the Lincolnton-Cherryville
Airport Authority.
Referred to Committee on Local Government.
And,
H. B. 747, a bill to be entitled an act to revise and consolidate the Charter
of the City of Cherryville and to repeal prior Charter acts.
Referred to Committee on Local Government.
By Representative Harris:
H. B. 748, a bill to be entitled an act to confirm, ratify and validate a certain
conveyance of land by the City of Burlington.
Referred to Committee on Judiciary No. 1.
And,
H. B. 749, a bill to be entitled an act to amend Article 7, Chapter 105 of the
General Statutes of North Carolina to provide for the payment by banks and
persons, firms or corporations doing a banking business of the Intangible Tax
levied on certificates of deposit and to allow the recovery by such banks, or
persons, firms or corporations doing a banking business, of the tax so paid by
the deduction of such tax from the interest accrued on the certificates of deposit.
Referred to Committee on Banks and Banking.
By Representative McMichael:
H. B. 750, a bill to be entitled an act appropriating funds for the repair and
restoration of The Wright Tavern.
Referred to Committee on Appropriations.
And,
H. B. 751, a bill to be entitled an act to amend Chapter 635 of the Session
Laws of 1963 relating to the election of the Mayor and the Board of Aldermen
of the Town of Madison in Rockingham County.
Referred to Committee on Local Government.
By Representative Love:
H. B. 752, a bill to be entitled an act to fix penalties and discounts upon the
payment of taxes in Lee County.
Referred to Committee on Local Government.
By Representative Jones of Rutherford:
434 HOUSE JOURNAL [Session
H. B. 753, a bill to be entitled an act amending General Statutes 14-226 so as
to make the intimidation or interference with jurors and witnesses a felony and
providing the punishment therefor.
Referred to Committee on Judiciary No. 2.
By Representative Mills:
H. B. 754, a bill to be entitled an act relating to the Anson County Admini-
strative School Unit naming certain members to the Board and fixing their
terms of office.
Referred to Committee on Education.
By Representative Watkins:
H. B. 755, a bill to be entitled an act to authorize the City of Oxford to con-
vey certain property to the Board of Education of Granville County.
Referred to Committee on Local Government.
And,
H. B. 756, a bill to be entitled an act to authorize the Board of County Com-
missioners of Granville County to fix the number of salaried county employees
and the compensation of county officials and employees.
Referred to Committee on Local Government.
By Representatives Clark, Penny of Durham and Harris:
H. B. 757, a bill to be entitled an act to regulate the retail installment sales
of motor vehicles and certain consumer loans.
Referred to Committee on Banks and Banking.
By Representative Wills:
H. B. 758, a bill to be entitled an act to amend General Statutes 20-87(5) so
as to standardize annual registration and license fees for private passenger
vehicles.
Referred to Committee on Roads.
By Representatives Beard and Warlick:
H. B. 759, a bill to be entitled an act enabling Catawba County to hold a
special election for the purpose of considering whether the County shall or shall
not impose and levy a sales and use tax of one percent upon the sale, use and
other taxable transactions upon which the State now imposes a three percent
sales and use tax.
Referred to Committee on Finance.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
1969] HOUSE JOURNAL 435
S. B. 416, a bill to be entitled an act amending General Statutes 153-13, by
establishing compensation to be paid to the County Commissioners of Madison
County.
Referred to Committee on Local Government.
S. B. 218, a bill to be entitled an act to require motor vehicles to be equipped
with safe tires.
Referred to Committee on Highway Safety.
S. B. 353, a bill to be entitled an act to rewrite General Statutes 115-165 to
establish an appeal procedure from the decision of a county or city school
superintendent to exclude a child from the public schools.
Referred to Committee on Education.
S. B. 370, a bill to be entitled an act to amend General Statutes 15-47 so as
to authorize the custodian of a prisoner to have bail fixed.
Referred to Committee on Judiciary No. 1.
S. B. 418, a bill to be entitled an act authorizing increases in number and
compensation of Madison County Court House secretarial employees.
Referred to Committee on Local Government.
S. B. 352, a bill to be entitled an act to amend General Statutes 115-166 by
exempting from the General Compulsory Attendance Law, upon certain con-
ditions, a child afflicted by mental, emotional, or physical incapacities.
Referred to Committee on Education.
S. B. 396, a bill to be entitled an act relating to payment of firemen's retire-
ment contributions in the City of Roanoke Rapids and to modify the appli-
cation to General Statutes 118-7 to the City.
Referred to Committee on Local Government.
S. B. 417, a bill to be entitled an act raising the compensation of the Sheriff,
his deputies, the Tax Collector, the Register of Deeds, the County Auditor and
the Court House Janitor of Madison County.
Referred to Committee on Local Government.
H. B. 378, a bill to be entitled an act to appoint certain members of the Board
of Education of the respective counties of North Carolina and to fix their terms
of office.
Returned for concurrence.
On motion of Representative Tart, the House concurs in the Senate amend-
ment and the bill is ordered enrolled.
Representative Mitchell requests and is granted permission by Mr. Speaker
Vaughn to vote "noe" on the bill.
S. B. 392, a bill to be entitled an act to authorize the municipalities in Mont-
gomery County to convey certain properties to Montgomery County.
436 HOUSE JOURNAL [Session
Referred to Committee on Local Government.
S. B. 384, a bill to be entitled an act to amend the Charter of Lumberton, as
amended by Chapter 282, Session Laws of 1965, so as to authorize the Roberson
County Board of Elections and the City Council to alter election precincts.
On motion of Representative McMillan of Robeson, the rules are suspended
and the bill is placed on its immediate passage.
Passes first reading.
Passes its second and third readings and is ordered enrolled.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 604, a bill to be entitled an act requiring new voter registration in
counties.
On motion of Representative Johnson of Wake, the bill is recommitted to the
Committee on Election Laws.
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
Representative Messer offers an amendment which is adopted.
Representative Johnson of Duplin calls the previous question.
Representative Carson calls for the "ayes" and "noes".
Passes its second reading as amended by the following vote.
Those voting in the affirmative are: Rperesentatives Andrews, Auman,
Barbee, Barker, Beam, Beatty, Billings, Boger, Boshamer, Bradley, Britt,
Bryan, Campbell of Mecklenburg, Campbell of Robeson, Campbell of Wilson,
Carter, Chase, Clark, Collins, Culpepper, DeBruhl, Eagles, Euliss, Frye, Garner,
Gentry, Godwin of Craven, Godwin of Gates, Green, Gregory, Harris, Haynes,
Hege, Hicks, Horton, Jemison, Johnson of Duplin, Jones of Mecklenburg, Love,
McDaniel, McFadyen, McKnight, McMichael, McMillan of Robeson, Messer,
Mills, Mohn, Moore, Paschall, Payne, Penny of Durham, Penton, Phillips,
Quinn, Ramsey of Madison, Ramsey of Person, Raynor, Reid, Rhyne, Ridenour,
Roberson, Rose, Rountree, Royall, Short, Snead, Speros, Stanford, Stevens,
Strickland, Tart, Taylor of Wake, Tolbert, Vogler, Watkins, Williamson and
Wills — 77.
Those voting in the negative are: Representatives Barr, Baugh, Beard,
Blake, Bostian, Burrus, Carson, Church, Coble, Covington, Elliott, Everett,
Fenner, Fulton, Jernigan, Johnson of Cabarrus, Johnson of Wake, Kincaid,
Leatherman, Lilley, Martin, Mayfield, McMillan of Wake, Mitchell, Penny of
Harnett, Soles, Stewart, Taylor of Transylvania, Twiggs, Warlick and Whitley
— 31.
Those voting "present" are: Representatives Falls and Hofler.
Representative Baugh objects to the third reading of the bill.
1969] HOUSE JOURNAL 437
Representative Johnson of Duplin moves the rules be suspended in order to
consider the bill on its third reading. This motion fails of adoption.
The bill remains on the Calendar for its third reading.
H. B. 375, a bill to be entitled an act to authorize the temporary questioning
of persons in public places and a search for weapons during temporary question-
ing.
On motion of Representative Johnson of Wake, the bill is recommitted to the
Committee on Judiciary No. 2.
H. B. 528, a bill to be entitled an act relating to substitute trustees under
Deeds of Trust and providing for the validation of certain acts done by such
substitute trustees before April 1, 1969.
On motion of Representative Snyder, consideration of the bill is postponed
until Tuesday, April 22, 1969.
S. B. 53, a bill to be entitled an act to permit a referendum in municipalities
concerning the sale of alcoholic beverages.
The Committee amendment fails of adoption.
Representative Soles offers an amendment which fails of adoption.
Representative Green offers an amendment.
Representative Short moves the amendment offered by Representative Green
do lie upon the table. The motion prevails.
Representative McFadyen moves the House do now adjourn until tomorrow
at Noon. This motion fails of adoption.
Representative Taylor of Transylvania moves the bill be recommitted to the
Committee on Alcoholic Beverage Control. This motion fails of adoption.
Representative Short calls the previous question.
Representative Boger calls for the "ayes" and "noes".
Now the question recurs to the passage of the bill on its second reading.
The bill fails to pass its second reading by the following vote:
Those voting in the affirmative are: Representatives Baugh, Beam, Beatty,
Bryan, Campbell of Mecklenburg, Carson, Church, Clark, Coble, Culpepper,
DeBruhl, Everett, Falls, Fenner, Frye, Gentry, Gregory, Johnson of Duplin,
Jones of Mecklenburg, Martin, Mauney, McMichael, Mills, Rountree, Royall,
Short, Snead, Soles, Speros, Stevens and Williamson — 31.
Those voting in the negative are: Representatives Andrews, Auman, Barker,
Barr, Beard, Billings, Blake, Boger, Boshamer, Bostian, Bradley, Britt, Burrus,
Campbell of Robeson, Campbell of Wilson, Carter, Chase, Eagles, Elliott,
Euliss, Fulton, Garner, Godwin of Craven, Green, Harris, Haynes, Hege, Hicks,
Hofler, Horton, Jemison, Jernigan, Johnson of Wake, Jones of Rutherford,
Kincaid, Leatherman, Lilley, Love, Mayfield, McDaniel, McFadyen, McKnight,
McMillan of Robeson, McMillan of Wake, Messer, Mitchell, Mohn, Moore,
438 HOUSE JOURNAL [Session
Payne, Penny of Durham, Penny of Harnett, Penton, Phillips, Quinn, Ramsey
of Madison, Ramsey of Person, Reid, Rhyne, Ridenour, Roberson, Rose, Stan-
ford, Strickland, Tart, Taylor of Transylvania, Taylor of Wake, Tolbert,
Twiggs, Warlick, Watkins, Whitley and Wills — 72.
Those voting "present" are: Representative Collins.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 120. An Act to amend the Federal Tax Lien Registration Act to comply
with the Federal Tax Lien Act of 1966.
S. B. 161. An Act to amend Chapter 316 of the Session Laws of 1947, as
amended relating to professional bondsmen in Robeson County.
S. B. 171. An Act to amend General Statutes 95-86 so as to increase the
persons and occupations covered by the Minimum Wage Act.
S. B. 214. An Act to amend General Statutes 20-183. 2(c) concerning safety
equipment inspections of motor vehicles sold at retail.
S. B. 228. An Act to amend Chapter 196, Session Laws of 1967, to authorize
the appointment of Alcoholic Beverage Control officers in the Town of Mt.
Pleasant, and to specify their jurisdiction.
S. B. 229. An Act to amend Chapter 195, Session Laws of 1967, to authorize
the appointment of Alcoholic Beverage Control officers in the City of Concord
and to specify their jurisdiction.
S. B. 247. An Act relating to filling vacancies on boards of county com-
missioners.
S. B. 266. An Act authorizing the Commissioners of Caswell County to
execute warranty deeds.
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
SEVENTY-NINTH DAY
House of Representatives
Wednesday, April 16, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend James S. Bellamy, Pastor of Memorial
Methodist Church, Charlotte, North Carolina.
Representative Johnson of Duplin for the Committee on the Rules and Oper-
ation of the House, reports the Journal of yesterday has been examined, found
correct, and without objection the same stands approved as written.
1969] HOUSE JOURNAL 439
On motion of Representative Tart, H. J. R. 649, entitled "a joint resolution
providing for the appointment of a Legislative Study Commission on student
financial aid." is withdrawn from the Committee on Education and re-referred
to the Committee on Higher Education.
On motion of Representative Carson, H. B. 436, "a bill to be entitled an act
to amend Chapter 163 of the General Statutes so as to set forth duties of Presi-
dential Electors and to provide methods for their resignation," is withdrawn
from the Committee on State Government and re-referred to the Committee
on Election Laws.
On motion of Representative Church, H. B. 734, "a bill to be entitled an act
to permit coroners, health directors, and county physicians to be appointed as
medical examiners," is withdrawn from the Committee on Health and re-referred
to the Committee on Constitutional Amendments.
Mr. Speaker Vaughn extends the courtesies of the floor to the Honorable
Pat Hunter, a former member of the House from Mecklenburg County.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take the place on
the Calendar, as follows:
By Representative McMillan of Robeson, for the Committee on Alcoholic
Beverage Control:
H. B. 693, a bill to be entitled an act to repeal Chapter 396, Public-Local
Laws of 1937, relating to the sale of beer and wine in the Village of Swannanoa.
With a favorable report.
S. B. 381, a bill to be entitled an act to authorize certain municipal corpor-
ations in Moore County to hold an election for the sale of beer and wine.
With a favorable report.
By Representative Short, for the Committee on Courts and Judicial Districts:
H. B. 371, a bill to be entitled an act to amend Section 153-40 of the General
Statutes of North Carolina relating to the office of Clerk to the Board of County
Commissioners so as to make all the provisions applicable to Catawba County.
With an unfavorable report.
H. B. 735, a bill to be entitled an act amending General Statutes 7-64 re-
lating to the jurisdiction of the Superior and Inferior Courts so as to make same
applicable to Iredell County.
With a favorable report.
By Representative Tart for the Committee on Education:
H. B. 26, a bill to be entitled an act to amend Article 4 of Chapter 165 of the
General Statutes so as to authorize scholarships for children of war veterans to
be awarded for private educational institutions as well as state institutions.
440 HOUSE JOURNAL [Session
With an unfavorable report.
H. B. 588, a bill to be entitled an act to amend Article 4 of Chapter 165 of the
General Statutes to provide scholarships for eligible recipients for the purpose
of attending private educational institutions of higher learning.
With a favorable report.
On motion of Representative Strickland the bill is recommitted to Committee
on Military and Veterans' Affairs.
H. B. 630, a bill to be entitled an act to amend Chapter 893 of the 1967
Session Laws authorizing election or referendum on the question of reorganizing
and merging the Lincoln County School Administrative Unit and the Lincolnton
City Administrative Unit into one school administrative unit under one Board
of Education so as to provide, in the event merger is approved by the electorate,
the "Joint Lincoln County Board of Education" shall assume the administration
of the Lincoln County Public Schools on August 15, 1969.
With a favorable report.
H. B. 632, a bill to be entitled an act to amend Chapter 115A of the General
Statutes relating to equitable distribution of capital outlay funds to institutional
units of the Community College System.
With a favorable report.
H. B. 694, a bill to be entitled an act to authorize the Montgomery County
Board of Education to enter into written agreements with the employees of
said Board to deduct specified sums from the salaries of the employees for
hospitalization insurance.
With a favorable report.
H. B. 703, a bill to be entitled an act providing that money raised for the
Richmond Technical Institute either through tax levy or bond issue may be
used for community college purposes.
With a favorable report.
H. B. 711, a bill to be entitled an act to authorize the Winston-Salem Forsyth
County Board of Education to convey certain lands to the North Carolina
School of the Arts Foundation, Inc.
With a favorable report.
H. B. 461, a bill to be entitled an act to provide for the nomination and elec-
tion of the members of the Board of Education of Johnston County.
With an unfavorable report.
S. B. 300, a bill to be entitled an act to provide for the nomination and election
of the members of the Board of Education of Johnston County.
With a favorable report.
1969] HOUSE JOURNAL 441
S. B. 298, a bill to be entitled an act to amend Chapter 385, Session Laws,
1949, as amended, relating to the schools of the Greensboro City Adminis-
trative unit and governing body thereof.
With a favorable report.
By Representative Leatherman for the Committee on Higher Education:
H. B. 267, a bill to be entitled an act to establish Pembroke College as a
regional university with the designation of "Pembroke State University."
With a favorable report.
H. B. 308, a bill to be entitled an act to make Wilmington College and Ashe-
ville-Biltmore College campuses of the University of North Carolina under the
designations of "The University of North Carolina at Wilmington", and "The
University of North Carolina at Asheville."
With a favorable report as amended.
By Representative Johnson of Duplin for the Committee on Rules and
Operation of the House:
S. J. R. 271, a joint resolution relative to a correction in Senate Joint Reso-
lution 1 of the 1969 General Assembly.
With a favorable report.
H. J. R. 426, a joint resolution creating the Commission on Presidential
Nomination Procedure.
With a favorable report.
On motion of Representative Johnson of Duplin the bill is recommitted to
Committee on Appropriations.
INTRODUCTION OF BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representatives Blake and Garner:
H. B. 760, a bill to be entitled an act to allow the Sheriff and Deputy Sheriffs
of Montgomery County to purchase automobiles from State surplus.
Referred to Committee on Local Government.
By Representative McMichael:
H. B. 761, a bill to entitled an act to amend General Statutes 15-21 so as to
require defendants to receipt for warrants served on them.
Referred to Committee on Judiciary No. 1.
By Representatives Ramsey of Madison and Messer:
H. B. 762, a bill to be entitled an act to provide for the election of the members
of the Board of Education of Yancey County.
442 HOUSE JOURNAL [Session
Referred to Committee on Education.
By Representatives Hege and Snyder:
H. B. 763, a bill to be entitled an act to provide for the number and election
of members of the Davidson County Board of Education.
Referred to Committee on Education.
And,
H. B. 764, a bill to be entitled an act to provide for the election and to fix
the number and terms of members of the Board of Education of the Lexington
City School Administrative Unit.
Referred to Committee on Education.
By Representative Rountree:
H. B. 765, a bill to be entitled an act to amend General Statutes 147-45 to
include Court of Appeals reports among publications to be received by State
Agencies at State expense and to increase to eleven the number of reports to be
received by the Attorney General at State expense.
Referred to Committee on Courts and Judicial Districts.
By Representatives Snead and Penton:
H. B. 766, a bill to be entitled an act to amend Chapter 385 of the Public
Local Laws of 1921, relating to pensions for school teachers in New Hanover
County, as amended.
Referred to Committee on Local Government.
By Representative McDaniel:
H. B. 767, a bill to be entitled an act to authorize the Board of Commissioners
for Forsyth County to set a fee schedule to compensate constables for duties
performed.
Referred to Committee on Local Government.
And,
H. B. 768, a bill to be entitled an act to amend General Statutes 160-453.5
and General Statutes 160-453.17 relating to annexation by municipalities in
Forsyth County.
Referred to Committee on Local Government.
By Representatives Speros, McMillan of Robeson, Campbell of Robeson
and McFadyen:
H. B. 769, a bill to be entitled an act to repeal Chapter 213, Public-Local
Laws of 1937, relating to the sale of alcoholic beverages within the Town of
Wagram.
Referred to Committee on Alcoholic Beverage Control.
By Representatives Messer and Ramsey of Madison:
1969] HOUSE JOURNAL 443
H. B. 770, a bill to be entitled an act enabling Haywood County to hold a
special election for the purpose of considering whether the County shall or
shall not impose and levy a sales and use tax of one per cent upon the sale, use
and other taxable transactions upon which the State now imposes a three per
cent sales and use tax.
Referred to Committee on Finance.
By Representatives Messer and Gentry:
H. B. 771, a bill to be entitled an act to protect children through licensing
of Day Care Facilities.
Referred to Committee on Judiciary No. 2.
By Representatives Fenner, Eagles and Barbee:
H. B. 772, a bill to be entitled an act relating to repair, closing and demolition
of unfit dwellings in the City of Rocky Mount.
Referred to Committee on Local Government.
And,
H. B. 773, a bill to be entitled an act to provide supplemental retirement
funds for firemen in the City of Rocky Mount and to modify the application
of General Statutes 118-5, General Statutes 118-6, and General Statutes 118-7
to the City of Rocky Mount.
Referred to Committee on Local Government.
By Representatives Harkins, DeBruhl and Stevens:
H. B. 774, a bill to be entitled an act to delete Buncombe County from the
list of counties exempted from the provisions regarding municipal subdivisions.
Referred to Committee on Local Government.
And,
H. B. 775, a bill to be entitled an act to increase the appropriation which
the Buncombe County Commissioners may appropriate to the Asheville Cham-
ber of Commerce.
Referred to Committee on Local Government.
By Representatives Clark and Mills:
H. B. 776, a bill to be entitled an act to amend Chapter 946, Session Laws
of 1953, relating to the Anson County Hospital.
Referred to Committee on Local Government.
By Representatives Stanford and Falls:
H. B. 777, a bill to be entitled an act rewriting Part 1, Article 34, Chapter 106
of the General Statutes so as to include poultry in the Statutes relating to the
quarantine of infected animals.
444 HOUSE JOURNAL [Session
Referred to Committee on Agriculture.
By Representative Leatherman:
H. B. 778, a bill to be entitled an act to amend Chapter 681, Session Laws
of 1967, relating to the travel allowance of the members of the Board of Com-
missioners of Lincoln County.
Referred to Committee on Local Government.
And,
H. B. 779, a bill to be entitled an act to enable and allow the County Com-
missioners of Lincoln County to pay yearly dues to the Lincolnton-Lincoln
County Chamber of Commerce.
Referred to Committee on Local Government.
By Representative Holshouser:
H. B. 780, a bill to be entitled an act relating to the terms of office and salaries
of the County Commissioners of Avery County.
Referred to Committee on Local Government.
And,
H. B. 781, a bill to be entitled an act relating to the authority of the Watauga
County Airport Commission.
Referred to Committee on Local Government.
By Representative Lilley:
H. B. 782, a bill to be entitled an act authorizing the Board of Commissioners
of Jones County to make available to the Jones County Watershed Improve-
ment Commission, from ad valorem tax monies, funds sufficient for such Com-
mission to pay assessments made against land owners in Jones County by the
Lenoir, Craven and Jones County Drainage District No. 1 and to authorize
such Commission to pay such assessments.
Referred to Committee on Local Government.
By Representative Penney of Harnett:
H. B. 783, a bill to be entitled an act to make parts 2 and 3 of Article 36,
Chapter 160 of the General Statutes applicable to Harnett County.
Referred to Committee on Local Government.
By Representative Boger, Taylor of Transylvania and Tolbert:
H. B. 784, a bill to be entitled an act to amend General Statutes 20-96 re-
lating to overloading to allow a tolerance for vehicles hauling unprocessed
forest products.
Referred to Committee on Roads.
By Representative Taylor of Transylvania:
1969] HOUSE JOURNAL 445
H. B. 785, a bill to be entitled an act to repeal Article 17 of Chapter 160 of
the General Statutes relating to the Municipal Board of Control.
Referred to Committee on State Government.
And,
H. B. 786, a bill to be entitled an act to provide a procedure for changing
the name of municipalities in North Carolina.
Referred to Committee on State Government.
By Representatives Twiggs, Andrews, Beatty, Britt, Bryan, Bumgardner,
Carson, Carter, Chase, Clark, Coble, Collins, Culpepper, Fenner, Frye, Godwin
of Gates, Hofler, Holshouser, Jemison, Jernigan, Johnson of Cabarrus, Jones
of Mecklenburg, Love, McKnight, McMillan of Wake, Messer, Moore, Paschall,
Penny of Durham, Penny of Harnett, Phillips, Ramsey of Madison, Ramsey
of Person, Raynor, Rose, Short, Snead, Soles, Stanford, Stewart, Strickland,
Taylor of Transylvania, Taylor of Wake, Watkins and Williamson:
H. B. 787, a bill to be entitled an act relating to travel and subsistence
allowance of State employees.
Referred to Committee on State Personnel.
By Representatives DeBruhl, Harkins, Beam, Beatty, Snead and Campbell
of Robeson:
H. B. 788, a bill to be entitled an act to provide for one free motor vehicle
registration plate to disabled veterans.
Referred to Committee on Roads.
By Representative Jones of Rutherford:
H. B. 789, a bill to be entitled an act to provide for the nomination and elec-
tion of the members of the Board of Education of Rutherford County.
Referred to Committee on Education.
By Representative Green by request:
H. B. 790, a bill to be entitled an act enabling Bladen County to hold a
special election for the purpose of considering whether the county shall or shall
not impose and levy a sales and use tax of one per cent upon the sale, use and
other taxable transactions upon which the State now imposes a three per cent
sales and use tax.
Referred to Committee on Finance.
By Representatives Hofler, Royall and Penny of Durham:
H. B. 791, a bill to be entitled an act to amend General Statutes 160-255
relating to the installation and construction of water and sewerage facilities
outside the corporate boundaries of cities and towns, and providing for recovery
of cost thereof.
446 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 2.
And,
H. B. 792, a bill to be entitled an act amending Article 15, Chapter 160, of
the General Statutes of North Carolina relating to the repair, closing and demoli-
tion of unfit dwellings.
Referred to Committee on Judiciary No. 2.
MESSAGE FROM THE SENATE
Bills and resolutions are received from the Senate, read the first time and
disposed of as follows:
S. B. 115, a bill to be entitled an act providing the City of Albemarle, North
Carolina, alternative methods of assessing the cost of extending water and
sewer lines.
Referred to Committee on Finance.
S. B. 390, a bill to be entitled an act to annex the Town of Guilford College
to the City of Greensboro, and to repeal the Charter of the Town of Guilford
College.
Referred to Committee on Local Government.
CALENDAR
Bills and resolutions on the Calendar are taken up and disposed of as follows:
H. B. 197, a bill to be entitled an act to amend General Statutes 162-5 per-
taining to the procedure for filling a vacancy in the office of Sheriff,
On motion of Representative Taylor of Transylvania the Committee amend-
ment is adopted.
Passes its second and third readings, as amended, and is ordered engrossed
and sent to the Senate.
H. B. 204, a bill to be entitled an act to assure equal treatment of all citizens
of Gaston County when fees are charged for certain services furnished by the
County.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 636, a bill to be entitled an act to amend Chapter 14, Section 197 of the
General Statutes of North Carolina by removing Dare County as an exempted
county from the provisions of this Act relating to the use of indecent language.
Passes its second and third readings and is ordered sent to the Senate.
H. B. 637, a bill to be entitled an act to amend Chapter 14, Section 269.1 of the
General Statutes of North Carolina by removing Dare County as an exempted
county from the provisions of this Act relating to the confiscation of firearms.
Passes its second and third readings and is ordered sent to the Senate.
1969] HOUSE JOURNAL 447
H. B. 638, a bill to be entitled an act prohibiting the use of rifles in the main-
land area of Dare County from the northern boundary line of the Town of
Kill Devil Hills to the northern boundary line of the County of Dare.
Passes its second reading.
Representative McDaniel objects to the third reading.
On motion of Representative Burrus, the rules are suspended in order to
consider the bill on its third reading.
Representative Burrus offers an amendment which is adopted.
Passes its third reading as amended and is ordered engrossed and sent to
the Senate.
H. B. 725, a bill to be entitled an act authorizing the Board of County Com-
missioners and the County ABC Board of Gates County to jointly employ
law enforcement officers.
Passes its second and third readings and is ordered sent to the Senate.
S. B. 338, a bill to be entitled an act authorizing the Greensboro City Board
of Education to execute and deliver a quitclaim deed for certain land.
Passes its second and third readings and is ordered enrolled.
H. B. 316, a bill to be entitled an act relating to the propagation and labeling
and sale of quail so as to permit the processing and sale of quail carcasses for
food.
Passes its third reading, as amended, and is ordered engrossed and sent to
the Senate.
H. B. 166, a bill to be entitled an act to amend General Statutes 20-118 con-
cerning axle weights.
On motion of Representative Euliss the Committee amendment is adopted.
Passes its second reading as amended.
Representative Taylor of Transylvania objects to the third reading and the
bill remains on the Calendar.
H. B. 452, a bill to be entitled an act amending Article I of Chapter 113 of
the General Statutes relating to the Board of Conservation and Development
and the Director thereof.
On motion of Representative Messer, the Committee amendment is adopted.
Passes its second reading as amended.
Representative Holshouser objects to the third reading and the bill remain
on the Calendar.
H. B. 523, a bill to be entitled an act to amend Chapter 105 of the General
Statutes to provide limitations upon the use to be made of lists of employees
furnished tax collectors.
448 HOUSE JOURNAL [Session
Passes its second and third readings and is ordered sent to the Senate.
H. B. 608, a bill to be entitled an act to rewrite General Statutes 148-23,
regulating the conduct of prison employees.
Passes its second reading.
Representative Horton objects to the third reading and the bill remains on
the Calendar.
S. B. 129, a bill to be entitled an act to amend General Statutes 114-19 re-
lating to taking photographs of persons charged with criminal offenses.
On motion of Representative Godwin of Gates the bill is recommitted to the
Committee on Judiciary No. 1.
S. B. 191, a bill to be entitled an act enabling municipalities to finance re-
development programs on an annual basis.
Passes its second and third readings and is ordered enrolled.
ENROLLED BILLS
The Enrolling Clerk reports the following bills and resolutions properly en-
rolled, and they are duly ratified and sent to the office of the Secretary of State:
S. B. 279. An Act to provide for an election in the Town of Farmville on
the question of amending the Town Charter to establish the office of Town
Manager.
H. B. 178. An Act authorizing the Board of Commissioners for the County
of Transylvania to fix the fees to be paid to the jailer for said County.
H. B. 288. An Act to amend General Statutes 18-57 so as to provide for the
distribution of Alcoholic Beverage Control store funds in Northampton County.
H. B. 373. An Act to extend the jurisdiction of Lincolnton Alcoholic Beverage
Control officer or officers of Lincoln County.
H. B. 412. An Act amending Chapter 552 Session Laws of 1957, the same
being the Charter of the Town of Jefferson, so as to extend the corporate limits
of said Town.
H. B. 424. An Act to amend the Charter of the City of Hickory, to provide
for the appointment of a special registration commissioner for city elections.
H. B. 438. An Act to amend General Statutes 115-126 so as to authorize the
Asheboro City Board of Education in Randolph County to lease school facilities
to the City of Asheboro for a term of twenty-five years.
H. B. 444. An Act to include Cumberland in the provisions for removal and
disposal of trash and in the provisions regarding special assessments for water
and sewer facilities.
H. B. 378. An Act to appoint certain members of the Board of Education
of the respective counties of North Carolina and to fix their terms of office.
1969] HOUSE JOURNAL 449
On motion of Representative Johnson of Duplin, duly seconded, the House
adjourns to meet tomorrow at 12 o'clock Noon.
EIGHTIETH DAY
House of Representatives
Thursday, April 17, 1969
The House meets pursuant to adjournment and is called to order by Mr.
Speaker Vaughn.
Prayer is offered by the Reverend W. Larry Thompson, Pastor of Eagles
Baptist Church, Crisp, North Carolina.
Representative Johnson of Duplin, for the Committee on the Rules and
Operation of the House, reports the Journal of yesterday has been examined,
found correct, and without objection the same stands approved as written.
A leave of absence is granted Representatives Johnson of Cabarrus, Mills and
Paschall for today.
REPORT OF COMMITTEES
Bills and resolutions are reported from standing committees, read by their
titles, together with the reports accompanying them, and take their place on the
Calendar, as follows:
By Representative Ramsey of Person, for the Committee on Insurance:
H. B. 514, a bill to be entitled an act to amend the insurance laws of North
Carolina so as to provide for the assignment of rights and interests in group
insurance and annuity contracts.
With a favorable report.
H. B. 258, a bill to be entitled an act to amend General Statutes 58-79 to
allow limited leeway in making Real estate investments.
With a favorable report.
By Representative Godwin of Gates, for the Committee on Judiciary No. 1:
H. B. 581, a bill to be entitled an act to allow judges to issue limited driving
permits to persons convicted of first offenses of driving while under the influence
of intoxicating liquor.
With a favorable report, as amended.
On motion of Representative Godwin of Gates the Committee amendment
is adopted.
On motion of Representative Godwin of Gates the bill is recommitted to
Committee on Highway Safety.
450 HOUSE JOURNAL [Session
H. B. 748, a bill to be entitled an act to confirm, ratify and validate a certain
conveyance of land by the City of Burlington.
With a favorable report.
S. B. 370, a bill to be entitled an act to amend General Statutes 15-47 so as
to authorize the custodian of a prisoner to have bail fixed.
With a favorable report.
By Representative Hofler, for the Committee on Judiciary No. 2:
H. B. 474, a bill to be entitled an act to clarify the laws relating to larceny.
With a favorable report.
H. B. 476, a bill to be entitled an act to allow discretionary review by the
Supreme Court of North Carolina in post-conviction cases.
With a favorable report.
H. B. 593, a bill to be entitled an act to permit certain minors to enter into
legally binding contracts.
With a favorable report, as amended.
S. B. 61, a bill to be entitled an act to rewrite and clarify the statutory
limitation-upon-right to perform autopsy.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Hofler the substitute bill is adopted.
S. B. 230, a bill to be entitled an act to amend Chapter 115A of the General
Statutes by adding General Statutes 115-A-9.1 permitting disposition of real
and personal property by community colleges.
With a favorable report.
By Representative Ramsey of Madison, for the Committee on Local Govern-
ment:
H. B. 6, a bill to be entitled an act to amend Article 36 of Chapter 160 of the
General Statutes so as to exempt Burke County from parts.
With an unfavorable report.
H. B. 53, a bill to be entitled an act authorizing the qualified voters of the
several cities and towns of the State to amend their corporate Charters con-
cerning the Mode of Selection of the Governing Board.
With an unfavorable report as to bill, favorable as to committee substitute
bill.
On motion of Representative Ramsey of Madison the substitute bill is
adopted.
1969] HOUSE JOURNAL 451
H. B. 370, a bill to be entitled an act to amend General Statutes 18-127.2
exempting the municipalities located in the counties of Jackson, Swain and
Transylvania from the provisions of said Section.
With a favorable report.
H. B. 383, a bill to be entitled an act to amend Chapter 160 of the General
Statutes by adding General Statutes 160-205.1 authorizing municipalities to
acquire an entire structure or parcel of land when it is servered by street right-
of-way.
With a favorable report, as amended.
H. B. 390, a bill to be entitled an act to amend General Statutes 160-453.5
and General Statutes 160-453.17 relating to annexation by municipalities in
Burke and Caldwell Counties.
With an unfavorable report.
H. B. 454, a bill to be entitled an act authorizing Elizabeth City in Pas-
quotank County to zone around the perimeter of the Coast Guard Air Base at
Elizabeth City to afford safe flying operations.
With a favorable report.
H. B. 564, a bill to be entitled an act relating to the compensation and allow-
ances of the Board of Commissioners of the Town of Clayton.
With an unfavorable report.
H. B. 566, a bill to be entitled an act to provide supplemental retirement funds
for firemen in the City of Burlington and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Burlington.
With a favorable report.
H. B. 572, a bill to be entitled an act to amend Chapter 1097 of the Session
Laws of 1967 relating to the compensation of the Board of Commissioners of
Tyrrell County.
With a favorable report, as amended.
H. B. 574, a bill to be entitled an act to authorize the governing body of the
Town of Fairmont, North Carolina, to appoint a City Manager and to pre-
scribe his powers and duties.
With a favorable report.
H. B. 578, a bill to be entitled an act to amend Chapter 1281 of the 1957
Session Laws relating to the Charter of the City of New Bern in Craven County.
With a favorable report.
H. B. 579, a bill to be entitled an act to amend Chapter 1193 of the Session
Laws of 1967 authorizing the Town of Chapel Hill to exchange certain real
estate.
452 HOUSE JOURNAL [Session
With a favorable report.
H. B. 580, a bill to be entitled an act to authorize the Town of Chapel Hill
to establish an off-street parking fund.
With a favorable report.
H. B. 583, a bill to be entitled an act relating to the bringing of actions for
the enforcement of taxes by Carteret County.
With a favorable report.
H. B. 584, a bill to be entitled an act to extend police jurisdiction of the Town
of Atlantic Beach.
With a favorable report.
H. B. 586, a bill to be entitled an act to repeal Session Laws with special pro-
visions for building permits in Dare County.
With a favorable report.
H. B. 587, a bill to be entitled an act to amend Chapter 130 of the General
Statutes so as to provide that sanitary districts may acquire distribution systems
located outside the district.
With a favorable report.
H. B. 592, a bill to be entitled an act to provide a supplemental retirement
fund for firemen in the City of Newton and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Newton.
With a favorable report.
H. B. 589, a bill to be entitled an act to amend Chapter 143 of the General
Statutes of North Carolina relating to procedure for the letting of public con-
tracts by the City of Gastonia.
With a favorable report.
H. B. 591, a bill to be entitled an act amending Chapter 1101 of the Session
Laws of 1959 relating to the appointment and terms of members of the Asheville
Library Board.
With a favorable report.
H. B. 594, a bill to be entitled an act amending General Statutes 153-246,
relating to joint performance of administrative functions by local governments.
With a favorable report, as amended.
H. B. 595, a bill to be entitled an act to amend Chapter 1013 of the Session
Laws of 1961 being the Charter of the Town of Edenton to redefine the corporate
limits.
With a favorable report.
1969] HOUSE JOURNAL 453
H. B. 598, a bill to be entitled an act relating to the election of the mayor
and commissioners of the Town of Rose Hill.
With a favorable report.
H. B. 609, a bill to be entitled an act to amend Chapter 50 of the North
Carolina Session Laws of 1935 entitled "An act to create a Civil Service Com-
mission for the Fire Department and Police Department of the City of Raleigh
and to provide the necessary machinery and rules for the organization and
operation for said Civil Service Commission and departments".
With a favorable report.
H. B. 610, a bill to be entitled an act to amend Sections 10 and 22(7) of the
Charter of the City of Raleigh (Chapter 1184 of the Session Laws of North
Carolina, 1949, as amended).
With a favorable report.
H. B. 614, a bill to be entitled an act to authorize the governing board of the
Town of Lake Waccamaw to regulate the subdivision of the land in and around
said Town and within 2,000 feet inland around the boundaries of Lake Wacca-
maw.
With a favorable report.
H. B. 615, a bill to be entitled an act authorizing the position of Tax Collector,
Tax Supervisor and Treasurer of Alleghany County.
With a favorable report.
H. B. 617, a bill to be entitled an act to make General Statutes 160-61.1,
relating to warranty deeds, applicable to Granville County and the munici-
palities therein.
With a favorable report.
H. B. 619, a bill to be entitled an act to amend Chapter 216 of the Session
Laws of 1967, being a part of the Charter of the City of Charlotte, Mecklenburg
County.
With a favorable report.
H. B. 620, a bill to be entitled an act to amend Chapter 713 of the Session
Laws of 1965, being the Charter of the City of Charlotte in Mecklenburg
County.
With a favorable report.
H. B. 623, a bill to be entitled an act creating the Hendersonville — Henderson
County Study Commission of the municipalities within, and the County of,
Henderson.
With a favorable report, as amended.
H. B. 629, a bill to be entitled an act to amend Chapter 87 of the Session
Laws of 1961 relating to the Charter of the Town of Chapel Hill.
With a favorable report.
454 HOUSE JOURNAL [Session
H. B. 640, a bill to be entitled an act to amend Chapter 371, Session Laws
of 1967, relating to compensation of certain officials of McDowell County.
With a favorable report.
H. B. 641, a bill to be entitled an act authorizing the Marion City School
Board to convey, without consideration, to the City of Marion or McDowell
County certain described land.
With a favorable report.
H. B. 650, a bill to be entitled an act to fix the salaries of the Board of County
Commissioners of Columbus County.
With a favorable report, as amended.
H. B. 651, a bill to be entitled an act to allow the Sheriff and Deputy Sheriffs
of Granville County to purchase automobiles from State Surplus.
With a favorable report, as amended.
H. B. 656, a bill to be entitled an act relating to the dissolution of the Moyock
Drainage District.
With a favorable report.
H. B. 657, a bill to be entitled an act relating to the salary of the Mayor and
the Commissioners of the Town of Murfreesboro in Hertford County.
With a favorable report, as amended.
H. B. 658, a bill to be entitled an act to permit the Stanly County Board of
Commissioners to contribute to aid in the program of the Stanly County Vo-
cational Workshop, Inc.
With a favorable report.
H. B. 659, a bill to be entitled an act to revise the Charter of the Town of
Stonewall in Pamlico County and to repeal prior Charter Acts.
With a favorable report.
H. B. 660, a bill to be entitled an act fixing the salary of the Register of Deeds
and the salary and expense allowances of the County Commissioners of Bruns-
wick County.
With a favorable report, as amended.
H. B. 664, a bill to be entitled an act altering the terms of office of members
of the Rocky Mount City Board of Education and providing for staggered
terms of office for such members.
With a favorable report.
H. B. 665, a bill to be entitled an act to amend Chapter 1068 of the 1963
Session Laws relating to the salaries of the County Commissioners.
With a favorable report, as amended.
1969] HOUSE JOURNAL 455
H. B. 668, a bill to be entitled an act to authorize the Board of County Com-
missioners of Polk County to fix the compensation of certain county officials.
With a favorable report.
H. B. 670, a bill to be entitled an act to amend Chapter 72 of the Session
Laws of 1969 so as to make technical corrections in the Charter of the Village
of Whispering Pines.
With a favorable report.
H. B. 675, a bill to be entitled an act to make Chapter 1058 of the Session
Laws of 1963 applicable to Vance County.
With a favorable report.
H. B. 676, a bill to be entitled an act to amend Chapter 810 of the Session
Laws of 1959 relating to the Supplemental Firemen's Retirement Fund in the
City of Henderson.
With a favorable report.
H. B. 677, a bill to be entitled an act to amend Chapter 543 of the Session
Laws of 1947 relating to the appointment of the Tax Supervisor for Randolph
County.
With a favorable report.
H. B. 701, a bill to be entitled an act authorizing the Town of Asheboro to
lease property to Ash-Rand Rescue, Inc., a non-stock non-profit corporation.
With a favorable report.
S. B. 292, a bill to be entitled an act to amend Article 6A of Chapter 153 of
the General Statutes relating to the salaries of appointive and elective county
officials and employees so as to make it applicable to Wilson County.
With a favorable report.
S. B. 309, a bill to be entitled an act to authorize the creation and organization
of a Housing Appeals Board to which appeals may be taken from the decision
of the Building Inspector upon any provision of the Housing Code of the Town
of Mount Airy in Surry County.
With a favorable report.
S. B. 306, a bill to be entitled an act to amend Chapter 993, Session Laws of
1949, to make more definite the outside boundaries of Pinehurst, Moore County,
North Carolina.
With a favorable report.
S. B. 307, a bill to be entitled an act to authorize the Greensboro City Board
of Education and the City of Greensboro to enter into contracts whereby the
Board of Education may furnish the city certain services in connection with
the city's recreation programs.
With a favorable report.
456 HOUSE JOURNAL [Session
By Representative Barr, for the Committee on Wildlife Resources:
H. B. 573, a bill to be entitled an act to prohibit the hunting or taking of
bear in Tyrrell County.
With a favorable report.
H. B. 667, a bill to be entitled an act to permit the snagging of non-game fish
in a portion of Polk County.
With a favorable report.
INTRODUCTION OP BILLS AND RESOLUTIONS
Bills and resolutions are introduced, read the first time, and disposed of as
follows:
By Representative Euliss:
H. B. 793, a bill to be entitled an act to amend Section 160-59 of the General
Statutes of North Carolina so as to exclude the City of Burlington as to the
sale of one particularly described parcel of real property.
Referred to Committee on Local Government.
By Representative Boshamer:
H. B. 794, a bill to be entitled an act to amend Chapter 337, Session Laws
of 1951, relating to the term of appointment of the Tax Collector of Carteret
County.
Referred to Committee on Local Government.
And,
H. B. 795, a bill to be entitled an act to amend the Charter of the Town of
Newport as it relates to municipal elections.
Referred to Committee on Local Government.
By Representatives Falls, Messer, Collins, Soles, Chase, DeBruhl, Mayfield,
Harkins, Barr, Everett, Gentry, Green, Tart, and Ramsey of Madison:
H. B. 796, a bill to be entitled an act to amend General Statutes 106-564.1
and General Statutes 106-567 relating to assessments for the promotion of use
and sale of agricultural products as those relate to apples.
Referred to Committee on Agriculture.
By Representatives Tart, McMillan of Robeson, and Barbee:
H. J. R. 797, a joint resolution creating the Commission of the Recodification
of the Public School Laws of North Carolina.
Referred to Committee on Education.
And,
1969] HOUSE JOURNAL 457
H. B. 798, a bill to be entitled an act to amend and revise Articles 25 and 26
of Chapter 115 of the General Statutes to authorize county and city boards of
education to provide for the selection and procurement of supplementary text-
books, library books, publications, and other instructional materials for the
public school system.
Referred to Committee on Education.
By Representatives Bryan, Raynor, Rose, and Carter:
H. B. 799, a bill to be entitled an act to extend the corporate limits of the
City of Fayetteville to include the property comprising the Fayetteville Muni-
cipal Airport.
Referred to Committee on Local Government.
By Representative McKnight:
H. B. 800, a bill to be entitled an act to repeal General Statutes 20-132 per-
taining to acetylene lights on motor vehicles.
Referred to Committee on Highway Safety.
By Representatives Tolbert and Boger:
H. B. 801, a bill to be entitled an act to appropriate funds for Historic Fort
Dobbs in Iredell County.
Referred to Committee on Appropriations.
By Representative Fenner:
H. B. 802, a bill to be entitled an act to restrict the presence of certain persons
on the campuses of state-supported institutions of higher learning and to regulate
the use of sound amplifying equipment.
Referred to Committee on Judiciary No. 1.
By Representatives Mauney and Falls:
H. B. 803, a bill to be entitled an act to provide supplemental retirement funds
for firemen in the City of Shelby and to modify the application of General
Statutes 118-5, General Statutes 118-6, and General Statutes 118-7 to the City
of Shelby.
Referred to Committee on Local Government.
By Representative Twiggs:
H. B. 804, a bill to be entitled an act to provide that a person sustaining
bodily injury shall be furnished a copy of any statement made by him.
Referred to Committee on Judiciary No. 2.
And,
H. B. 805, a bill to be entitled an act to amend General Statutes 143-138 to
allow the State Building Code to regulate means of ingress in buildings.
458 HOUSE JOURNAL [Session
Referred to Committee on Judiciary No. 2.
And,
H. B. 806, a bill to be entitled an act to grant privileged communication be-
tween clergymen and communicants.
Referred to Committee on Judiciary No. 2.
By Representative Beard and Warlick:
H. B. 807, a bill to be entitled an act to provide for the nomination and
election of the members of the Board of Education of Catawba County.
Referred to Committee on Education.
By Representatives Rhyne and Gentry:
H. B. 808, a bill to be entitled an act to require student and/or parent con-
tracts for enrollment in institutions of higher learning.
Referred to Committee on Judiciary No. 1.
By Representatives Harkins, DeBruhl and Stevens:
H. B. 809, a bill to be entitled an act to amend General Statutes 160-227.1 to
make the subdivision law applicable to municipalities in Buncombe County.
Referred to Committee on Local Government.
By Representatives Stanford and Falls:
H. B. 810, a bill to be entitled an act amending Part 9, Article 34 of Chapter
106 so as to include poultry in certain Statutes pertaining to the control of
animal diseases.
Referred to Committee on Judiciary No. 2.
By Representatives Stanford and Andrews:
H. B. 811, a bill to be entitled an act to appropriate funds for the historic
Town of Hillsborough.
Referred to Committee on Appropriations.
By Representative Stanford:
H. B. 812, a bill to be entitled an act to revise and reorganize the Charter of
the Town of Carrboro.
Referred to Committee on Local Government.
By Representative Penny of Harnett:
H. B. 813, a bill to be entitled an act to authorize the Board of County Com-
missioners of Harnett County to endorse the note of Harnett Livestock Arena,
Incorporated.
Referred to Committee on Judiciary No. 2.
1969] HOUSE JOURNAL 459
By Representatives Horton, Fenner, McKnight, Jemison, McDaniel and
Wills:
H. J. R. 814, a joint resolution honoring the memory of a dedicated public
servant and devoted North Carolinian, Bowman Gray, Jr.
On motion of Representative Horton, the rules are suspended and the bill
is placed on its immediate passage.
Passed first reading.
Rules suspended.
Passes its second and third readings and is ordered sent to the Senate.
"A JOINT RESOLUTION HONORING THE MEMORY OF A DEDICAT-
ED PUBLIC SERVANT AND DEVOTED NORTH CAROLINIAN, BOW-
MAN GRAY, JR.
Whereas, Bowman Gray, Jr., of Forsyth County, was born on January 15,
1907, and after a fruitful and dedicated life of service to his community, State
and industry, departed this life on April 11, 1969; and
WHEREAS, his eminence in the field of business, as chief executive officer
of Reynolds Tobacco Company and later as Chairman of the Board of that
Company; as representative of the tobacco industry in hearings before Con-
gressional Committees in 1964 and 1965 when, in the midst of threatened panic,
his calm conviction that the attacks on tobacco were unjustified, stabilized
the entire industry; and his position as a leader in the diversification of his
industry have tended to eclipse his equally great contribution to his State and
nation as a public servant and benefactor; and
WHEREAS, Bowman Gray, Jr., from his early manhood to his last crippling
illness never permitted his concern with his business enterprises to overshadow
his sense of responsibility to his fellow citizens; but rather, Mr. Gray led in such
efforts as the planning and construction of a stadium for his community which
was completed in 1938, took a major part in the establ
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